The summer season officially kicks off this month which means barbecues, garden parties and sunbathing are all on their way.
It is finally the time of year when you can make the most of your outdoor space and enjoy soaking up some sunshine until the late evening thanks to the long summer days. But if you are making the most of the warm weather by throwing open your windows and doors, and spending more time in your garden, be wary of just how much noise you’re making or you could land yourself in trouble.
Of course there is nothing wrong with playing some background music when entertaining guests, or relaxing alone, but if you blast it too loudly you could be handed a £5,000 fine.
Local councils can issue fines to those who play music excessively loud or during unreasonable hours for creating a noise disturbance. If a council determines a noise disturbance they can issue a Noise Abatement Notice which requires the noise to be stopped or restricted during certain hours of the day.
It is generally considered a noise nuisance if you play music between the hours of 11pm and 7am, as these are regarded as ‘night hours’ according to the Noise Act 1996. So if your summer gathering lasts into the wee hours, make sure you turn the music down to avoid a hefty fine.
Government guidance explains: “Councils can investigate complaints of statutory nuisance to tackle noise produced at any time of day or night. They may also issue warning notices in response to complaints about noise above permitted levels from 11pm to 7am. These warning notices can be used by councils for noise that’s not a statutory nuisance. The warning notice must tell the recipient:
- that the noise is coming from the premises between 11pm and 7am
- that the noise exceeds, or may exceed permitted levels as measured from within the complainant’s dwelling
- that the noise must be reduced to below the permitted level in a specified period (this must be at least 10 minutes after the notice is served and must end by 7am)
- what time the notice is issued
“The permitted noise level using A-weighted decibels (the unit environmental noise is usually measured in) is:
- 34 dBA (decibels adjusted) if the underlying level of noise is no more than 24 dBA
- 10 dBA above the underlying level of noise if this is more than 24 dBA.”
But noise can be considered a ‘statutory nuisance’ at any time of the day, so if you’re playing music outside of ‘night hours’, it should still be kept at a reasonable level.
Daniel McAfee, Head of Legal Operations at Lawhive, said: “The Environmental Protection Act 1990 provides local authorities with broad powers to address noise that constitutes a statutory nuisance. Where excessive noise is determined to substantially interfere with the use and enjoyment of another person’s home, local councils are legally obliged to investigate such complaints.
“If a statutory nuisance is established, the council will issue an abatement notice requiring the noise to cease or be restricted. Non-compliance with an abatement notice can lead to prosecution and a fine of up to £5,000 for domestic premises. This is not an empty threat — these fines are real, and local authorities do enforce them.
“Additionally, the Noise Act 1996 provides supplementary powers that local authorities may choose to implement specifically for night hours — defined in law as 11:00pm to 7:00am. While implementation of the Noise Act is voluntary for councils, many have adopted these provisions to address excessive domestic noise during night hours.”
He adds: “For the avoidance of doubt, a statutory nuisance can arise at any time of day, provided the noise is both unreasonable and substantially interferes with the use or enjoyment of another person’s home, or is likely to cause harm to health. Beyond council action, private civil claims for nuisance may follow, including applications for injunctions and compensation.”