Dealing with noisy neighbours

What can I do about my noisy neighbours?

Where possible have a friendly word with the person concerned, it may well be that they are completely unaware of the disturbance being caused. If that doesn't work you can consider the following:

  • making a complaint to the Environmental Health Service

  • mediation or

  • taking your own action.

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What can the Council do about noisy neighbours?

An officer will write and advise the person concerned that a complaint has been received about a noisy activity. The letter seeks to raise awareness of the problem and asks them to take steps to minimise disturbance. Your details as the person making the complaint are not passed on without your consent.

At the same time, you will be asked to complete a record of disturbances to enable the Officer to determine whether the noise is unreasonable.  If the noise remains at an unacceptable level, supported by diary sheets and witnessed by an officer from the Environmental Health Service, a formal Notice will be served on the owner.  The Notice imposes a legal obligation on the person responsible to stop causing a nuisance by making excessive noise.

Failure to comply with a Notice is a criminal offence which carries a maximum fine of £5,000 upon conviction.

If the case did get to Court, you would be required to give evidence in support of your complaint.

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What is mediation?

As an alternative to contacting the council or taking your own action you may wish to consider contacting Woking Mediation.

Mediation is a way of dealing with neighbour disputes which enables those involved to reach a compromise that both parties are satisfied with. The mediators will arrange a meeting to find out what the problem is about and discuss the options available. This service is free and can avoid you having to go to court. 

Woking Mediation can assist with disputes concerning noise, pets, fences, parking, building works, abusive behaviour etc.

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How do I take my own action ?

If the noise you are complaining about only happens now and then or only for a short time, it may be difficult for the Council to help you. In this case, you may wish to consider taking your own action under Section 82 of the Environmental Protection Act 1990.

In order to take action under Section 82, a summons must first be issued requiring the person against whom you wish to complain to appear in court. Issuing the summons is done at the Magistrates Court. It is essential that you provide the Court with the full name and address of the person responsible for the noise.

You will need explain that you want a summons served under Section 82 of the Environmental Protection Act 1990 and should be able to produce evidence of the nuisance to show the Magistrates that you have an arguable case.

If you have an arguable case you will be given the time and date of the hearing of the case. A summons will then be issued on the defendant. A charge will be made by the Court for issue of the summons.

After the issue of the summons, you should continue to keep a written record of evidence as described above, and you should take this to the Court on the date of the hearing.

Although legal representation by a solicitor is not required, you should bear in mind that a solicitor may represent your neighbour.

If the magistrates decide in your favour, they will make an order requiring the defendant responsible to abate the nuisance. They may also impose a fine on the noise maker and the order may also prohibit the recurrence of the nuisance. If this is the case, you should continue to keep comprehensive records of any further occurrences of the nuisance in case you have to return to the Court.

You should bear in mind that you may be liable for costs if your action does not succeed.

As an alternative to this, you can take civil action in the courts seeking an injunction to restrain the defendant from continuing the nuisance and seeking damages for loss. In order for such an action to be successful, you will have to demonstrate that the noise causes particular or special loss over and above the ordinary inconvenience suffered by the public at large or that you have an interest in land affected by the noise.

Civil action of this nature can be very expensive and anybody considering taking such action would be well advised to seek the advice of a solicitor on the case itself and the likelihood of obtaining Legal Aid for the proceedings.

If you are successful, the Court may award you costs although this is done at the Court's discretion. Even if you are awarded costs, the action may still prove to be very expensive.

Should you require further guidance with taking your own action you are advised to contact a solicitor.

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Where can I get further information?

We have provided additional information on the following: