Legal Eagle Q & A: Neighbours and noise. Is there a legal line?

October 29, 2018 by Melinda @ Giles Wilson Solicitors

Question: I am certainly no party pooper but in the space of the last week, my neighbours have had two fireworks party that have gone on into the early hours which is causing distressful, sleepless nights for our 6 month old daughter. They haven't lived there long and parties seem to be a regular thing. We have only met them on a couple of occasions so I don't feel comfortable approaching them about the level of noise. Is there anything legally that can be done that doesn't implicate us as the people who have complained?

Answer: I am sorry to hear of your problem – these type of situations are difficult, and I am afraid, not necessarily straight forward to deal with. If the noise is sufficiently excessive you could in theory bring a claim against your neighbour in court for damages and/or an injunction to stop the noise. You could also report the noise to the local authority, who have statutory powers to identify a noise as a nuisance and could serve a notice on your neighbour. Unfortunately, it is unlikely that you will be able to hide your identity as the person who has complained, because either you will be named in the claim you bring, or of course you will need to allow the local authority to measure the noise from your property to ascertain its level – which your neighbour could notice.

This Q & A is by Melinda Giles at Giles Wilson Solicitors.  
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