Overview of noise nuisance
Officers from Environmental Health can investigate complaints to determine whether a statutory nuisance exists and offer advice on noise from premises. The table below details what we can and can’t investigate.
| Noise we can investigate | Noise we can't investigate |
|---|---|
| Loud music and radios | Traffic noise or vehicle stereos |
| Loud TVs | Aircraft noise |
| Barking dogs and pet noises | Children playing inside or out |
| Intruder alarms | General domestic or living noises, for example, normal use of domestic appliances, talking, footsteps, moving furniture etc. |
| Excessive DIY works | Noise generally transmitted due to poor sound insulation |
| Unsociable use of musical instruments | Noisy behaviour in the street or public places |
| Unsociable use of, or defective domestic appliances causing excessive noise | Disturbances due to anti-social behaviour |
What can I do about a domestic noise nuisance?
Many people do not realise that they may be causing a noise problem. For this reason, we strongly encourage you to approach the person and politely tell them about the problem. The information below, and template letter, may assist you in doing this and may resolve your complaint without the need for formal investigation by Wirral Council officers.
The PDF file may not be suitable to view for people with disabilities, users of assistive technology or mobile phone devices.
If the person causing the disturbance lives in a property managed by a housing association or registered social landlord or in a private rented property, it is worth you discussing the problem with the landlord. Most Conditions of Tenancy include a requirement that tenants do not cause disturbance to neighbours. The landlord may be prepared to take action.
If you do not get a positive response, do not feel you can comfortably speak to your neighbour, or the noise continues to regularly disturb you then you can report it to us.
You need to know that for officers to take action against noise disturbances they have to determine if a statutory nuisance exists.
What is a Statutory Nuisance?
A statutory nuisance is not simply something that annoys you - it is something that causes a serious and unreasonable interference with your right to enjoy your home. When determining whether a noise problem amounts to a statutory nuisance the officer will assess several criteria such as:
- the level and type of noise
- how long it lasts
- how often the noise occurs
- the time of day or night when the noise occurs
- whether any aggravating characteristics are present
- the characteristics of your location
- the number of persons affected
- how it affects you
When undertaking an investigation of a noise complaint, we do so from the point of view of the average person. We cannot take into account any particular sensitivities that you may have such as, sleeping during the day, medical reasons etc.
What you need to know before we investigate
We are unable to investigate anonymous complaints as, by law, we must know who is, or who is likely to be, affected by the noise disturbances.
We will make every effort to maintain your anonymity, but you need to be aware that the person you are complaining about can sometimes work out who has complained. If the investigation results in legal action your name and address may have to be revealed in court and it may be necessary for you to appear in court and give evidence.
It is likely that we will need to access your property to carry out an assessment of the noise disturbances. If access is denied, it is unlikely that we will be able to investigate your complaint.