We can only take legal action to stop or prevent noise where it is of a type and level that is considered to be a ‘statutory nuisance’.
We are only able to investigate the following types of noise:
- barking dogs
- car alarms
- noise from building work
- DIY noise
- burglar alarms
- loud music/parties
- noise from pubs/clubs
- noise from commercial premises
To be considered a statutory nuisance a noise has to have occurred more than once, is typically prolonged when it happens and significantly impact on those who can hear it. Before taking any action you should consider:
- is the noise ‘reasonable’
- the time of day it occurs
- where it occurs
If the noise is coming from a home (not a business) it is often better to try and resolve the problem informally by speaking to the people living there. Writing a letter to either a house or business that’s causing noise can resolve the problem, you could use one of our template letters.
If speaking or writing to those causing the noise does not work we recommend that you start keeping a record of when the noise occurs, how long it lasts and if possible get a recording of it either on a mobile or using our noise app (available for both iPhone and Android). We recommend gathering at least 3 weeks worth of evidence. Using a third party mediation service can help resolve these types of problems, in Elmbridge we work with Mediation North Surrey.
As a last option you can report the noise from a house or business to us on our online form where you can also upload your evidence. Once you make your complaint to us your case will be assigned an officer. They will look at your record and decide if it’s possible to take any action. If they decide the noise is a statutory nuisance they will contact those responsible to request that the noise stops.
This is a legal process and will require good evidence of the noise you have been experiencing. You may also be required to attend court. You can also take you own legal action.