Received a noise abatement notice? Here’s what you can do next. 

Noisy late-night gatherings, loud music, roaring car engines, and barking dogs can all create noise pollution which can have serious consequences. Not thinking about how your actions impact your neighbours, whether at home or in business, might lead to a noise complaint and a noise abatement notice.  

Local councils issue noise abatement notices after looking into complaints about possible ‘statutory nuisances.’ If a council finds that a statutory nuisance is happening, has happened, or might happen, they can give an abatement notice to the person responsible.  

B P Collins’ criminal team explores what can be regarded as a nuisance to your neighbours and what to do if you receive a noise abatement notice. 

What is a statutory nuisance? 

A statutory nuisance is defined by the Environmental Protection Act 1990 as something that:  

• Disrupts the use or enjoyment of a home or other property  

• Harms health or could potentially harm health  

Common examples of statutory nuisances are smoke, horrible smells, light pollution, pest infestations, and loud noises.  

Noise pollution refers to various noise issues that councils manage, such as:  

• Loud music  

• Noise from machines or equipment  

• Dogs barking  

• Alarms from cars or intruders  

• Noise from construction work  

• Sounds from vehicles  

Councils can issue noise abatement notices for loud noises at any time, but they pay special attention to noise during the official night hours, usually from 11 p.m. to 7 a.m. 

What Should I Do If I Receive a Noise Abatement Notice? 

If you get a noise abatement notice, it means someone has complained about noise coming from your property. Sometimes, there might be a discussion with the person who complained before the notice is sent but not always. You might get a notice without any warning. To prevent more issues, your first action should be to lower or stop the noise.  

Consequences of Ignoring the Notice  

If you ignore a noise abatement notice, this can be considered a criminal act. The consequences for not complying include:  

• A fixed penalty notice (FPN) of up to £110, which you must pay within 14 days to avoid prosecution.  

• Prosecution, which could result in a fine of up to £1,000 if you don’t pay the FPN or if the council decides to take legal action.  

• The equipment causing the noise may be seized or taken away.  

• The council might also ask for a High Court injunction if they think prosecution isn’t enough.  

It’s very important to reduce the noise as much as you can, but if the local council still sees it as a serious problem, you might have a reason to appeal. 

How to Appeal a Noise Abatement Notice 

To challenge a Noise Abatement Notice, you have 21 days from the notice date to appeal in a magistrates’ court. It is advisable to seek help from a solicitor since this area can be complicated and has specific legal reasons for appeal, such as: 

• The problem does not qualify as a legal nuisance. 

• The notice was improperly issued or sent to the wrong individual. 

• The notice contains errors or issues. 

• You have made all reasonable efforts to reduce or stop the nuisance. 

Receiving a noise abatement notice can be stressful. B P Collins’ criminal team has expertise in this area and is here to advise. Please email enquiries@bpcollins.co.uk or call 01753 889995 for further information.