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Noise

Residents in Rotherham are entitled to a certain level of peace and quiet in their home. Loud noise levels are not acceptable and the council actively works to help residents live in a reasonably peaceful environment. It is often helpful to speak to the people causing the noise and explain the situation to them. Sometimes people are not aware that their noise is disturbing others and will adjust their noise levels when they realise there is a problem. They will often appreciate the opportunity to put things right before anyone else, the Council for example, becomes involved. If this fails to solve the problem then RMBC will investigate the noise problem.

What noise problems do we investigate?

We will investigate noise nuisance complaints relating to both domestic and commercial premises. We can investigate various types of noise.  Typically this includes:

  • The playing of loud amplified music or loud television
  • Continuous dog barking
  • DIY activities for prolonged periods or at unreasonable hours
  • Continuous sounding car, house or commercial alarms
  • Noisy industrial or commercial premises

How do we investigate noise nuisance complaints?

We write to the complainant and ask them to complete noise diary sheets, for a period of time. These help us to identify how long the noise goes on for and what effect it has on the complainant's enjoyment of their home life.

We try to resolve noise problems informally where possible and initially contact the person causing the noise to make them aware that complaints have been made to us. The details of the complainant are kept strictly confidential.

If the noise persists after an individual has been advised and/or warned, we will attempt to gather evidence to prove that the noise complained about is what is termed a 'statutory noise nuisance'.

During normal office hours, we may for example attempt to visit and personally witness the noise. If out-of-office hours we may install sensitive noise-monitoring equipment e.g. tamper-proof noise recorders that make recordings which are identical to what the human ear would hear.  Additionally we also offer an out of hours noise service for on going complaints only. This service is operational Thursday and Sunday ( 7:00pm - midnight ) and Friday and Saturday ( 6:00pm - 1.30am ).

If the noise is a statutory nuisance - what happens next?

If we can prove the noise is a statutory nuisance we are required to take action under Part III of the Environmental Protection Act 1990. This would normally mean serving a Noise Abatement Notice on the person(s) causing the noise nuisance. The abatement notice would require the statutory nuisance to be stopped and/or prevented from occurring again. If someone is found guilty of failing to comply with an abatement notice they can be fined up to a maximum of £5,000 for domestic noise and up to £20,000 for commercial noise.  If we serve an abatement notice because of excessively loud music, but the problem continues, we may also seize all the sound equipment that is causing the problem. Depending on the circumstances we may charge the perpetrator for return of the equipment or alternatively we may prosecute the person and ask the Courts permission to have it destroyed.

Taking your own private legal action

There are times, despite the best efforts of the investigating officer, when the Council cannot obtain the evidence necessary to take action on behalf of the person who has made a complaint. This may be due to noise which occurs intermittently or the council is unable to gather evidence to prove a statutory nuisance.

In such circumstances independent legal action can be taken by complaining directly to the Magistrate's Court under Section 82 of the Environmental Protection Act 1990 under the grounds that you are aggrieved by noise amounting to a statutory nuisance. The procedure is fairly simple and need not cost much: you may not need to employ a solicitor but it is advisable to obtain some legal advice.

The Council cannot be held responsible for any outcome where private action is pursued. These notes are for guidance only.

For futher information please contact us.

Frequently Asked Questions

Are there any time restrictions for the playing of music?

There are no periods of time when the playing of loud music is specifically allowed. If the noise is causing a nuisance to others then it is a nuisance regardless of the time of day, or day of the week.

Is there a noise level set in Law?

There is no noise level set in Law. Noise is a subjective assessment; therefore loud music being played from a detached property is unlikely to cause a nuisance whereas the same level of music in a block of flats is likely to cause a nuisance. Environmental Health Officers are qualified and trained to assess whether a noise is likely to be a statutory nuisance. They are also authorised to take legal action to stop the statutory nuisance.

Are there any types of noise that the Council cannot deal with?

We can only take legal action in relation to statutory noise nuisances. We cannot normally take legal action, for example, in relation to transport noise. If you are not sure whether we can help, it's best to contact us directly and we will advise you.

We are also unable to deal with many types of behavioural or lifestyle noise such as noise from children playing or the normal use of appliances such as vacuum cleaners / washing machines / DIY tools etc.

If I make a complaint are my details kept confidential?

Our policy is to keep the personal information that we have about you such as your name and address, confidential. If you want us to resolve a statutory noise nuisance for you, and we need to take legal action to do it we may have to disclose your personal details. For example, if we serve a Noise Abatement Notice the person causing the noise nuisance will have a right to know who made the complaint if they decide to legally appeal against the noise abatement notice in court. Similarly, if a case goes to the Court you may be required to give evidence.

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