Making a Noise Complaint
Excessive noise from neighbours, businesses or construction sites can amount to a 'statutory nuisance' under the Environmental Protection Act 1990. Councils must investigate and, if satisfied a nuisance exists, serve an abatement notice enforceable through the magistrates' court; breaching it is a criminal offence. Where a council will not act, the Act also lets an affected person apply to the magistrates' court directly. England & Wales.
Overview
The duty to tackle noise nuisance sits with the local authority under Part III of the Environmental Protection Act 1990. Section 79 defines noise 'emitted from premises' as a statutory nuisance where it is prejudicial to health or amounts to a nuisance, and once the council is satisfied that threshold is met, section 80 obliges it to serve an abatement notice specifying what must stop and by when; the recipient can appeal to the magistrates' court within twenty-one days, and ignoring the notice without reasonable excuse is a criminal offence. Construction noise is treated differently where the site operates under a notice or consent for works on construction sites granted under the Environmental Protection Act 1990's companion legislation, the Control of Pollution Act 1974 — compliance with that consent is a defence to a noise nuisance prosecution. If the council does not act, section 82 allows the person aggrieved to bring their own case to the magistrates' court; for a noise nuisance this requires giving the other party at least three days' written notice first, rather than the twenty-one days' notice that applies to other statutory nuisances.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves a noise complaint.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Keep a noise diary
Record every incident: date, time, duration, type of noise, and its effect on you. This evidence is essential for the council or court. Many councils provide noise diary templates.
- Record audio/video if possible
- Note how the noise affects your daily life — sleep, work, health
Complain to your local council
Contact your council's environmental health department. They have a duty to investigate under s.79 of the Environmental Protection Act 1990. If they determine a statutory nuisance exists, they must serve an abatement notice on the person responsible.
- Call the council's out-of-hours noise team for late-night incidents
- The council can install noise monitoring equipment in your home
Take private action if necessary
If the council does not act, you can bring proceedings yourself in the magistrates' court under s.82 of the Environmental Protection Act 1990. You must give the noise-maker at least 3 days' written notice before issuing proceedings. The court can make a nuisance order and impose fines.
- You do not need a solicitor for magistrates' court proceedings
- Court fees are modest and may be recoverable
Costs
Important Warnings
Do not confront noise-makers aggressively — this can escalate the situation.
Some noise is unavoidable and not a nuisance in law (e.g., reasonable construction during working hours).
For construction noise, check if the council has set permitted hours through a s.61 consent.
Useful Links
Frequently asked questions
- How long does the making a noise complaint process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "At least 2 weeks"; "Council should investigate within days to weeks"; "After giving notice". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Council complaint — Free; Magistrates' court complaint (s.82) — Court fee + minimal costs. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Do not confront noise-makers aggressively — this can escalate the situation.; Some noise is unavoidable and not a nuisance in law (e.g., reasonable construction during working hours).; For construction noise, check if the council has set permitted hours through a s.61 consent.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: GOV.UK — Noise Nuisance; Citizens Advice — Noise. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.