Noisy neighbours can be a nightmare to deal with. But what if that noisy neighbour is you?
Noise coming from a neighbour is one of the most common issues reported to the police and local councils in the UK.
While the occasional disruption may not be considered a big deal, persistent unreasonable noise can be a nightmare to live next to.
Making too much noise can lead to fines and could even result in a neighbour suing you.
What side of the fence am I responsible for in the UK?
So if you are concerned about being sued by your neighbour, here's the rules and regulations to consider.
Can my neighbour sue me for making too much noise?
The short answer is yes, your neighbour can sue you for making too much noise.
Solicitors Hodge Jones & Allen said: "Any private individual whose right of enjoyment over their land is hindered by the actions (or inaction) of neighbours can bring a claim in nuisance against the occupiers of the property.
"A successful action may result in the abatement (reduction/decrease) of the nuisance, damages, or an injunction."
The judge will need to be convinced the noise your neighbour is complaining about amounts to a "statutory nuisance", according to the solicitor.
They then have the power to order that the noise nuisance be reduced and to pay compensation.
If the nuisance is not decreased it can be considered a criminal offence.
There are two things that will be looked at when considering if a noise is a statutory nuisance - see what they are below. (Image: Getty Images)
What constitutes a noise nuisance?
Hodge Jones & Allen said: "A noise nuisance is an unreasonable sound that affects others."
While there is no fixed level of noise which constitutes a statutory nuisance, it will be considered as such if it meets the following criteria:
- Be unreasonable and greatly interfere with the use or enjoyment of a home or other premises
- Injure health or be likely to injure health
The decision on whether a noise is a statutory nuisance is based on what ‘the ordinary person’ would find acceptable, according to Hodge Jones & Allen solicitors.
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Local councils will usually investigate complaints about noise that is said to be a ‘statutory nuisance’.
Hodge Jones & Allen added: "If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice (usually on the person responsible)."
If this notice is broken it can lead to a fine.
If the council does not wish to continue with proceedings on the matter, or your neighbour doesn't want to involve them, this is when they can go down the avenue of suing.
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