Taking your own action about noise
Key points
- Try to resolve the noise problem informally first, if it is safe.
- Keep evidence, including a diary of when the noise happens and how it affects you.
- You can apply to the magistrates’ court, which is the local court that deals with this type of case, under section 82 of the Environmental Protection Act 1990. Section 82 is the part of the law that lets you take your own court action about a statutory nuisance.
- You must give at least three days’ written notice to the person causing the issue before applying. Written notice means a dated letter or written message explaining that you plan to take court action if the problem is not resolved.
- The court will decide if the noise is unreasonable and what action is needed.
Important: This guide is general information only and is not legal advice.
This guide explains what you can do if you want to take your own action about a noise problem, or if we cannot take action for you. For example, this may be because our investigation could not confirm that the noise is a nuisance.
You may be able to apply to the magistrates’ court, which is the local court that deals with this type of case, under section 82 of the Environmental Protection Act 1990. Section 82 is the part of the law that lets you take your own court action about a statutory nuisance. The court can order a person, business or organisation to stop, reduce or prevent noise if it is a statutory nuisance. This means noise that unreasonably affects how you use or enjoy your home.
We cannot give legal advice or tell you how to present your case. This guide explains the general steps and what you may need to think about.
Try to resolve the problem first
Before you start legal action, try to sort out the problem informally if you can. The person making the noise may not realise there is a problem.
If it is safe, speak to them calmly and explain how the noise affects you. If you do not want to speak to them, send a polite letter. Date the letter and keep a copy. This can help show the court you tried to deal with the matter reasonably.
Before you start legal action
- Speak to the person making the noise, if it is safe. Try to agree a practical solution.
- If you cannot speak to them, or the noise continues, write to them. Explain the problem, say what you want them to do, date the letter and keep a copy.
- Keep a noise diary. Write down the date, time, length and type of noise, and how it affects you.
- Ask any witnesses to keep their own notes. They may also need to give a written statement if the case goes to court.
What the court will consider
You will usually need to show that the noise is unreasonable and affects how you use or enjoy your home.
The court will consider both sides. It will look at your right to enjoy your home and the other person’s right to use their property in a normal way. The law does not require complete silence, but people should not have to put up with unreasonable noise.
When deciding whether noise is unreasonable, the court may consider:
- how loud the noise is
- what type of noise it is
- how often it happens
- how long it lasts
- the time of day or night it happens
- how it would affect an average person.
The court normally looks at how the noise would affect an average person. Personal circumstances, such as working night shifts or needing silence to work from home, may not be enough on their own.