STATUTORY NUISANCE
The council must look
Councils must investigate noise that could unreasonably and substantially interfere with the use of a home, or harm health. If it is a nuisance, they must serve an abatement notice.
Check a situationWHAT THE RULES SAY
After 11pm,
the rules change.
A noisy neighbour at 2am is more than an annoyance.
11PM–7AM night hours for warning notices
34 dBA Night noise limit when background is 24 dBA or less
- Talk first
- Keep a record
- Then call the council
- Quiet nights, by the rules
Councils must look into noise that could be a statutory nuisance at any hour. Between 11pm and 7am they have an extra tool: warning notices for noise above a permitted level, measured from inside the complainant's home.
THE SHORT ANSWER
Two routes
to a quieter night.
Statutory nuisance covers any time of day.
Warning notices cover noise above a set level from 11pm to 7am.
NIGHT NOISE
A level, not a judgement
From 11pm to 7am, councils can issue a warning notice if noise measured inside your home goes over 34 dBA, or 10 dBA above the background if that is louder.
See the numbers
ALARMS
The alarm that won't stop
If a key holder can't be reached and an alarm has sounded for 20 minutes continuously or 1 hour on and off, councils can enter without force to silence it.
What to doA QUICK NOISE CHECK
What's keeping
you awake?
Pick a situation to see which council powers apply. The bar shows how many tools the council has for it under the guidance.
Based on Defra guidance on how councils deal with noise complaints in England. Councils decide their own level of service, such as night-time cover. Not legal advice.
FOUR STEPS FOR A NOISE PROBLEM
From a knock
to a complaint.
GOV.UK's guide to neighbour disputes sets out an order to try. It usually works best to start small.
Talk, or write a letter
Explain the problem calmly and stick to the facts. If others are affected, involve them too.
Contact the landlord
If your neighbour rents, you can complain to their landlord, housing association or the council.
Try mediation
An impartial mediator helps both sides agree. It's confidential and usually quicker and cheaper than court.
Complain to the council
For a statutory nuisance such as loud music or barking dogs, the council has a duty to investigate.
TWO NUMBERS WORTH KNOWING
The limit,
and the penalty.
The permitted level at night in a quiet area,
and the fixed penalty for a home that ignores a warning.
34 dBA
Night noise limit when background is 24 dBA or less
Where the underlying noise is louder than 24 dBA, the limit is 10 dBA above it. The level is measured from inside the dwelling of the person who complained.
PERMITTED LEVEL · DEFRA
£110
Fine for a home ignoring a warning notice
Paid within 14 days instead of prosecution. For licensed premises the fixed penalty is £500. If convicted, a home faces a fine of up to £1,000.
FIXED PENALTY · DEFRA
A warning notice must give at least 10 minutes to bring the noise down, and the period must end by 7am.
AFTER AN ABATEMENT NOTICE
Ignoring it
costs more.
An abatement notice requires whoever is responsible to stop or restrict the noise. The council can delay serving it for up to 7 days while it tries to get the noise stopped informally.
GOV.UK says breaking an abatement order about noise from a home can lead to a fine of up to £5,000, and up to £20,000 for noise from a factory or business.
Questions
Questions people ask
What time does night-time noise start?
For council warning notices, night hours run from 11pm to 7am. Councils can still investigate statutory nuisance at any time of day or night.
How loud is too loud at night?
The permitted level, measured from inside the complainant's home, is 34 dBA where the background is 24 dBA or less, or 10 dBA above the background if it is louder.
What happens if a neighbour ignores a warning notice?
The council can give a fixed penalty of up to £110 for a home or £500 for licensed premises, prosecute, or remove noise-making equipment such as loudspeakers.
Can the council stop a burglar alarm?
Yes. If a key holder can't be reached and the alarm has sounded for 20 minutes continuously or 1 hour intermittently, officers can enter without force to silence it. Using force needs a warrant.
Should I go to the council first?
GOV.UK advises trying to solve the problem by talking to your neighbour or through mediation before contacting the council.
Where the facts come from
Updated