Woking Borough Council
Civic OfficesGloucester SquareWokingSurreyGU21 6YL
Telephone: 01483 755855
Noise nuisance
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Please be a considerate neighbour and follow some Sound Advice.
Noise is generally regarded as unwanted sound. It could be too loud, too intrusive or just happen at the wrong time or without warning.
Overall volume of noise is not the only thing that can affect response to the unwilling listener. Unexpected sound, repetitive bass noise, screeches or whines can be equally annoying.
A statutory noise nuisance is defined as "a breach of quiet enjoyment of your property".
To be classed as a nuisance, the problem must interfere with whatever you are doing, and not simply be an annoyance. For example, it would be annoying if your neighbours played rock music when you are a jazz fan. It would become a nuisance if they played music so loudly that you could not hear your television.
Audible intruder alarms
If your alarm rings unnecessarily and causes a noise nuisance the Council can break into your property and then silence the alarm. The Council may also prosecute you, which can result in a fine of up to £5,000.
If you have an intruder alarm or are planning to have one fitted to your property, you are legally obliged to appoint two key holders and notify the Police of the key holders details.
Find out how to register key-holder information online, so that Surrey Police can access the information in the event of your alarm going off.
You should also ensure that the alarm system complies with British Standard 4737 and is fitted with a 20 minute cut-out.
The alarm should be regularly maintained by a competent company.
Barking dogs
Information concerning barking dogs is available under our animal welfare webpage.
Commercial or industrial premises
Nuisance caused by noise from commercial or industrial premises such as shops or factories and includes noise from plant and machinery, deliveries, etc.
If a noise nuisance is found to exist an officer from the Council's Environmental Health Service will contact the management informally to advise them of the problem and encourage them to take voluntary action to remedy the problem.
Where this approach is unsuccessful the Council is legally bound to serve an abatement notice to have the noise stopped and prevent any recurrence. A failure to comply with this notice can lead to prosecution and a fine of up to £20,000.
The Council also regulates deliveries on a Sunday.
Construction works
Sections 60 and 61 of The Control of Pollution Act 1974 enable the Council to impose conditions on the way in which work is carried out on construction sites in order to limit the noise impact on surrounding dwellings.
The Council will seek to agree, with the site operator, a standard set of voluntary restrictions on the time during which a construction site is allowed to operate noisy equipment that could give rise to nuisance. These are usually:
- Monday to Friday - 8am until 6pm
- Saturday - 8am until 1pm
- Sunday and Bank Holidays - no noisy equipment should operate
If, however, operators fail to adhere to the agreed times then enforcement powers may be used to enforce the necessary restrictions. A failure to comply can lead to prosecution and a fine of up to £20,000.
Site operators must apply to us to obtain consent to operate such equipment outside these hours. Consent will not normally be given without good reason and it is the responsibility of the contractors to organise their work accordingly.
DIY
Noise from DIY works at unreasonable hours can cause a disturbance to neighbours.
It is not unreasonable for people to undertake DIY works unless they are occurring late at night or early in the morning (i.e. after 9pm or before 8am). Should noisy works (e.g. hammering, using power tools) occur outside of these times, the resulting noise may constitute a statutory nuisance.
Should we obtain evidence of the existence of a statutory nuisance the Council is legally bound to serve an abatement notice to have the noise stopped and prevent any recurrence. A failure to comply with this notice can lead to prosecution and a fine of up to £5,000.
Entertainment
Places used for public entertainment may require a licence from the Council. This licence will include conditions to limit its impact on local residents.
If a noise nuisance is found to exist at a licensed premises officers from the Council's Environmental Health Service will contact the management informally to advise them of the problem and encourage them to take voluntary action to remedy the problem.
Where this approach is unsuccessful the Council is legally bound to serve an abatement notice to have the noise stopped and prevent any recurrence. A failure to comply with this notice can lead to prosecution and a fine of up to £20,000.
Where licensed premises have been the cause of a statutory nuisance this will be reported to the licensing committee and may influence their decision to renew or grant further licences to the licensee.
Household activities
Noise from many household activities can cause a disturbance to neighbours, frequent complaints include the playing of loud music and noisy parties.
In deciding whether the noise constitutes a nuisance an officer will have regard to the volume, time, frequency and duration of the noisy activity, and form a judgement as to whether it is reasonable.
If a noise nuisance is found to exist the officer will contact the person responsible informally to advise them of the problem and encourage them to take voluntary action to remedy the problem.
Where this approach is unsuccessful the Council is legally bound to serve an abatement Notice to have the noise stopped and prevent any recurrence. A failure to comply with this Notice can lead to prosecution and a fine of up to £2,000.
Loudspeakers in the street
The use of loudspeakers in the street is banned for advertising entertainments, trades or businesses at any time, and restricts the use of loudspeakers used for other purposes in the street between 8am and 9pm.
The Council can consent to the operation of loudspeakers for non-advertising purposes outside these times, but should take local opinion into account.
The maximum penalty for illegally using a loudspeaker is £5,000.
Sources of noise over which the Council has no regulatory control
Aircraft noise
Heathrow Airport: Complaints about noise from civil aircraft taking off and landing from should be made to the airport direct.
Fairoaks Airport: Complaints should be made to the airport direct or to Surrey Heath Borough Council.
Civil helicopters
Complaints can be made to the British Helicopter Advisory Board (their trade association).
Military aircraft
Complaints may be made to Ministry of Defence Secretariat (Air Staff) 2B.
Roadworks
Road safety, roadworks and road maintenance including surfacing, salting, gritting and street lighting is the responsibility of Surrey County Council.
Further information is available from the Woking Local Transportation Service.
Transportation noise
Information is available from the Environment Agency.
Vehicles, machinery or equipment in the street
Nuisance may be caused by noise from vehicles e.g. car alarms, noisy car repairs, parked refrigerator vehicles, etc.
Where a nuisance exists our officers will serve an abatement Notice on the person responsible for causing the noise.
If the vehicle, machinery or equipment is unattended then the officer may affix the notice directly to the equipment. The officer must then spend one hour trying to trace the person responsible to serve a copy of the notice on them.
If they cannot be traced then the officer may take action to abate the nuisance including gaining entry to a vehicle and towing it away if necessary.