Making a Noise Complaint
How to deal with noise nuisance from neighbours, businesses, or construction through your local council and the courts.
Overview
Excessive noise from neighbours, businesses, construction sites, or other sources can constitute a statutory nuisance under the Environmental Protection Act 1990. Your local council has a duty to investigate and can serve abatement notices. In serious cases, you can also take private action in the magistrates' court under s.82 of the Act.
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.