How to take action against different types of noise

Most tenancies have express and implied terms that oblige the landlord to carry out certain repairs.

An express term is a term that is stated explicitly in the tenancy agreement, for example to keep the property in good repair. An implied term is one that is implied by a statute or common law. The most common example is a landlord's obligation under section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property, and keep in repair and proper working order the installations in the property for the supply of water, gas, electricity, sanitation, space heating and heating water.

Noise is not likely to be covered directly by an express term or an implied term of the tenancy. However, a noise may be due to something in disrepair, which the landlord is obliged to repair, for example a faulty boiler.

Noise may be caused by negligent work which has been carried out to the property or because the property was built negligently.

In either situation, the occupier may be able to make a claim for damages for negligence against the landlord or, if the property is owner-occupied, against whoever carried out the work, by using the Defective Premises Act 1972.

When a property is built or converted, or major works carried out, then the builder, which may include the owner of the premises,[1] must comply with the Building Regulations issued under the Building Act 1984. Part E in Schedule 1 to the current regulations[2] is about resistance to the passage of the sound. The Secretary of State has issued the related technical guidance in Approved Document E.

If there is noise due to non-compliance with Approved Document E, the occupier may be able to compel the builder to carry out the work necessary to ensure the situation is put right. For more information, an occupier should contact a Building Control officer at the local council.

Action cannot be taken against noise from aircraft on the basis that it is a statutory nuisance.[3]

Instead, under the Civil Aviation Act 1982:

• the Civil Aviation Authority, when exercising its licensing functions, takes account of environmental matters, including noise[4]

• most civil airports are required to establish suitable consultation facilities with users, nearby local authorities and local representative organisations[5]

• the Secretary of State has the power to require airport managers to offer insulation grants to occupiers of nearby properties affected by noise from the airport[6]

A local council can make bye-laws relating to the control of noise at airports.[7] Some airports have direct responsibility for noise control and complaints.

The building or extension of an airport requires consent under the planning regulations. In dealing with the application for planning consent, the council consults local householders and a public inquiry may be held. This gives local householders the opportunity to state formally any objections they may have about noise levels. This may be more effective when done through a residents' or tenants' association.

When work takes place on a building site, or is due to take place, the council can serve a notice specifying the:[8]

• level of noise which may be emitted from the premises or at any specified point on those premises, or during specified hours

• plant or machinery to be used

• hours when work can take place

Complaints about noisy building sites should be made to the local council's environmental health department.

A council can use powers in the Noise and Statutory Nuisance Act 1993 to specifically control burglar alarms.[9] Except in London,[10] these powers can only be used after consultation with the local chief police officer.[11]

The council can require that anyone who installs an alarm on any premises:

• fits the alarm with a device that cuts off the alarm after 20 minutes

• tells the council within 48 hours of its installation

• notifies the police of the names, addresses and telephone numbers of the current key-holders

• informs the council of which police station has been so notified

Failure to comply is an offence.[12]

If a burglar alarm goes off for more than an hour and it causes an annoyance to people in the vicinity, the council can enter the property to turn it off.[13]

However, the council officer must not use force to enter the property unless they have obtained a warrant to do so and is accompanied by a police officer. The council can recover the cost of silencing the alarm from the occupier of the property.

Action against car alarms can be taken by the local council under the Environment Protection Act 1990, as amended by the Noise and Statutory Nuisance Act 1993.

Places of entertainment, such as pubs, clubs, and music venues, require an entertainment licence from the local council to operate. This applies to both public venues[14] and private venues that are putting on entertainment for profit or gain.[15]

A private venue that is putting on entertainment that is not for profit or gain may only be controlled by a council using its powers for general problems with noise.

When considering an application for a licence, the council consults local people. If granted, a licence is valid for up to 12 months, after which time a new application must be considered. The licence may include terms about hours of operation and the maximum number of people allowed at the venue, but not specifically about noise.

Residents who are concerned about the possible impact of noise should make their objections known to the council. If problems of noise arise after the licence is granted, residents should inform the council, as it may be that the terms of the licence have been breached in regard to hours of operation or the maximum number of people allowed at the venue.

Loudspeakers cannot be played in the street:[16]

• between 9pm and 8am, except by the emergency services or if consent has been given by the council[17]

• at any time for business purposes, except by vehicles selling perishable foods (for example ice cream vans) which can use loudspeakers between 12pm and 7pm in a way that does not annoy people in the vicinity

Complaints about loudspeakers in the street should be made to the local council's environmental health department.

Generally, there is little that can be done about excessive noise caused by traffic. For example, councils cannot take action under the Environmental Protection Act 1990.[18]

If traffic is causing excessive noise on a new or improved road (but not an existing road), occupiers living alongside the road may be eligible for a noise insulation grant. The grant may cover the cost of double glazing the part of the property that faces the road.[19]

Complaints about excessive noise from individual vehicles, for example noisy exhausts or a horn being sounded between 11pm and 7am by a vehicle in a restricted road,[20] should be made to the police.