Many of the neighbour mediation cases referred to us have an element of noise nuisance at their root. Sometimes residents will call the police to complain about noise from their neighbour’s property, but it’s important to be aware that the police do not deal with noise complaints in England. In fact, it’s the responsibility of local councils to deal with them.

When a noise complaint is raised with a local council, following investigation, in some cases the noise will be classed as a ‘statutory nuisance’ and a noise abatement order will be served which, if breached, could lead to a fine.

To count as a statutory nuisance, it must be shown that the issue is either prejudicial to the complainant’s health or is significantly interfering with their reasonable enjoyment of their property. It must occur regularly and continue for a period of time that makes it unreasonable. It’s not enough for the noise to be merely annoying or disturbing. Council environmental health teams will often require residents to keep a diary of the noise incidents and will sometimes install equipment to measure noise levels to decide whether the noise fits the criteria.

Residents who complain to their local council believing the noise from their neighbours will be classed as a statutory nuisance are often disappointed when they’re told that the noise does not fit the criteria and instead is considered ‘normal domestic noise’. Normal domestic noise includes people talking, children playing, noise from domestic appliances and footsteps. This is of little comfort to residents being driven to distraction by what sounds like a herd of trumpeting elephants living in the apartment above! 

If noise from your neighbours is disturbing members of your household, our advice is to approach your neighbours and let them know calmly and politely how the noise is affecting you.  Keep it factual and focus on the impacts the noise is having on your household rather than accusing them of anything. The last thing you want is for your neighbours to get defensive if you go in all guns blazing! Commonly, people will have no idea that the noise from their property is disturbing their neighbours and, very often, they will be willing to make small behavioural changes that will make a big difference.

If politely pointing out the impact of the noise on your household doesn’t work, mediation is available free of charge for residents in many areas via community mediation services like West Kent Mediation. Mediation provides a safe environment for neighbours to discuss and understand each other’s perspectives and reach a mutual agreement. You'd be surprised how many of our noise cases involve one party believing the other party is deliberately making the noise to wind them up. This is rarely the case in our experience. They often just don’t realise how noisy whatever they’re doing can sound in the apartment below or on the other side of the party wall.

If you’re based in the Sevenoaks, Tonbridge and Malling, or Tunbridge Wells areas, contact West Kent Mediation to find out if we can help you resolve any conflict in your life, including conflict caused by noisy neighbours. You can read more about our neighbourhood, family and workplace mediation services on our website and contact us by email at theoffice@wkm.org.uk or by telephone on 01732 469696.