We can issue an abatement notice if we find noise is what's known in law as a 'statutory nuisance'.
For the noise to count as a statutory nuisance it must either:
- unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- injure health or be likely to injure health
Issuing an abatement notice
We will serve an abatement notice on either:
- the person responsible for the statutory nuisance
- the premises owner or occupier if the person responsible cannot be found, or the nuisance has not yet happened but is likely to happen in the future
The notice will require whoever is responsible to stop the activity or limit it to certain times to avoid causing a nuisance. It may include actions that must be taken to reduce the problem.
Nuisances from premises
For noise nuisances from premises, the notice can be delayed for up to 7 days we try to get the person responsible to stop or restrict the noise.
If the nuisance is caused by a structural defect on the premises, the abatement notice must be served on the premises owner.
Nuisances from the street
If the nuisance is caused by unattended vehicles, machinery or equipment in the street, the notice can be served by fixing the notice to the vehicle, machinery or equipment if the person responsible cannot be found.
Penalties for not complying with an abatement notice
If you do not comply with an abatement notice, you can be prosecuted and fined:
- a lump sum – the amount is set by the court
- further fines for each day that you fail to comply – the amount is set by the court
We can also take action to stop or restrict the nuisance by:
- carrying out works and making the person given the notice pay for them – this can include seizure and confiscation of equipment
- applying to the High Court for an injunction if a prosecution is not adequate
You can appeal to a magistrates' court within 21 days of being served an abatement notice.