Domestic noise
We receive several thousand complaints about noise from
neighbours every year which we are required to investigate.
Persistent noise can be very upsetting and we take every case
seriously. We have a duty to investigate complaints.
Our neighbour-noise enforcement policy
- We believe that, in most cases, the first step to resolving
neighbour disputes is for people to talk to each other. We
provide access to the
Ealing Mediation Service, where appropriate -
particularly when noise nuisance is the result of a neighbour
dispute.
- We aim to respond to new complaints in writing within three
working days.
- We make every effort to ensure our duties are carried out in
a fair, impartial and consistent manner.
- When we receive a new complaint about someone, we have a duty
to notify them. We aim to write to them within three working days
of receiving the complaint. The reporter's details will not be
released.
- We will ask the reporter to keep a detailed written or
alternative record of any further disturbances, to be returned to
our office within eight weeks.
- If we do not receive further information from the reporter
within eight weeks, we will assume that there is no further need
for our involvement and the case will be closed.
- If noise nuisance is continously reported to us, we will aim
to visit both parties to discuss the problem and make an
objective assessment. We will also monitor the noise levels that
are emitted from the alleged source to determine if a statutory
nuisance exists.
- The Police have no general duty or involvement in dealing
with noise complaints.
- If officers witness a statutory nuisance, a legal notice
requiring the nuisance to stop will be served on the person
responsible or the occupier/owner of the premises.
- Any further statutory nuisance witnessed may result in a
criminal prosecution. The person responsible will be notified in
writing of the pending prosecution within five working days of
the witnessed nuisance. On conviction, the offender is liable for
a fine of up to £5,000.
- In persistent or extreme cases, any equipment (such as stereo
equipment or televisions) causing the nuisance may be seized.
This may also apply to extreme cases where dogs or other animals
cause persistent noise. The person responsible will be informed
in writing within five working days of the seizure. Further
prosecution proceedings may result in a fine and a criminal
record.
- If the council cannot obtain sufficient evidence that a statutory nuisance exists, the reporter will be advised that the council will not be taking further action. This does not prevent the reporter from exercising their right to take their own action under Section 82 of the Environmental Protection Act 1990. Guidance on taking private action will be provided on request.
Investigating council officers will make an objective, impartial
and professional judgement in each case, also considering
independent evidence and case law, as appropriate. Instances
of verbal or physical abuse towards council staff will be
documented and made available to the court.
Leaflet
A leaflet on our noise nuisance policy, which also
contains information on our domestic noise policy is
available in pdf format.
