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Noise nuisance and neighbour disputes

If you are in dispute with your neighbours, perhaps over noise, you may need to get your local council involved to help resolve the problem with practical or legal solutions.

Noisy neighbours

It's best to try to resolve the problem early and in an informal manner, by talking to whoever is responsible for the noise. The person causing the problem may have been unaware that they were causing disturbance.

It's also important to establish the facts - make a record of where the noise is coming from, at what time, for how long, the reasons for it and the distress it caused you in the reasonable occupation of your home.

Alternatively, you may wish to write to the person responsible for the noise.  

If the informal approach has not worked, before complaining to the relevant Council, you may wish to attempt to resolve the matter by way of mediation. This is when an independent third party listens to the views of both parties and possibly brings them together with the aim of reaching an agreement. You can find out about the availability of mediation by contacting Mediation Northern Ireland at the following address:

83 University Street,
Belfast, BT7 1HP.

Telephone: 028 9043 8614

It is important to try to resolve noise issues by informal means in the first instance, so that you can demonstrate to a court at a later stage that you tried to be reasonable and avoid resorting to the courts.

The most common formal route is to complain to the district council (usually the environmental health department deals with noise issues).

Alternatives to going to court

If you have a dispute with someone going to court to resolve it can be an expensive, time-consuming and stressful process. Find out about the alternatives.

How your local council deals with ongoing noise problems

Where a council is satisfied that a noise nuisance exists, it must serve a legal notice requiring reduction of the noise. A notice can be appealed within 21 days of it being served.

When a district council environmental health officer investigates a noise complaint, they must determine whether or not the noise amounts to a statutory nuisance. They cannot simply take the word of the complainant.

If a person, on whom a notice has been served, fails without reasonable cause to comply, he will have committed an offence.

If for whatever reason, the district council does not take action, or if an individual does not wish to involve them, an individual can complain directly to the magistrates court. Then, it is for the individual to demonstrate that the noise amounts to a statutory nuisance, or, if reduced, it is likely to reoccur. It is not necessary to have a solicitor present, but should you wish to represent yourself, the local Citizens Advice Bureau may be able to offer assistance.

In other cases of unwanted noise from non-residential property, the council may not need to prove a statutory nuisance where the premises hold a public entertainment licence. Action can be taken against premises that operate outside their licensing agreement.

The Noise Act 1996

In addition to noise nuisance powers, district councils can adopt the Noise Act 1996. The Act contains provision for a night-time noise offence and introduces an objective standard against which noise at night from domestic premises may be assessed. It offers a choice of penalties, including service of a £100 fixed penalty notice. In certain circumstances councils can seize noise making equipment and apply for forfeiture, depriving the owner of any rights over the equipment to which the order relates. To date, only Belfast City Council has adopted the Act in Northern Ireland.

Complaining about dogs that bark

Constant barking, whining or howling can be disturbing and annoying for neighbours.

You can make a complaint to your local council about a dog that is disturbing you, or causing a nuisance, because of its barking. Usually the environmental health department of the district council will handle your complaint. Contact your local council for details.

You can also visit the following link for further information on problems with barking dogs.

Commercial noise

Noise from trade, industrial and business premises (for example, noisy machinery, pubs and clubs) is dealt with similarly to that from domestic premises, by complaining to the council.

Noise from Industrial Premises

The operators of industrial premises must prevent or at least minimise emissions, including noise, to the environment. Queries relating to noise from large industrial facilities should be referred to:

The Northern Ireland Environment Agency (NIEA),
Klondyke Building,
Cromac Avenue,
Gasworks Building Park,
Lower Ormeau Road,
Belfast,
BT7 2JA

Telephone: 028 9056 9296

Any issues relating to noise from waste facilities should also be directed to NIEA.

Noise from smaller industrial premises is regulated by district councils under statutory nuisance law.

Noise from Road Traffic

Noise from road traffic is probably the most widespread source of noise nuisance. There are a number of ways in which this problem can be tackled. For example, vehicles can be made quieter, traffic can be routed away from noise sensitive areas, new roads can divert traffic away from built up areas and people can be protected in their homes by sound insulation and noise barriers.

The sounding of a horn when a vehicle is stationary is prohibited, unless there is danger from a moving vehicle. The sounding of horns from moving vehicles on restricted roads between 11.30 pm and 7.00 am is also prohibited, except when another road user poses a danger. Horns should not be used aggressively and should be used only to warn other road users of your presence.

Any issues regarding the illegal use of motor horns or noisy vehicles should be reported to the PSNI. However, the measurement of noise from individual vehicles on busy roads poses technical problems for the PSNI and they often find it difficult to help, unless excessive noise is due to an obvious fault, such as a defective silencer.

Any complaints or suggestions about the routing of traffic or regulation of traffic noise should be made to the Local Division of the Department for Regional Development’s Road Service.

If you are having problems with noise from road traffic or railways you may be eligible for a noise insulation grant from your local council.

Noise from construction sites

District councils can specify the way in which construction, demolition and similar works must be carried out so as to minimise noise.

Noise from loudspeakers in the street

District Councils have banned the use of loudspeakers for advertising, entertainment, trade, or business and has restricted their use for other purposes to between 8 am and 9 pm. There is also an exemption for vehicles such as ice cream vans. Loudspeakers on these vehicles may only be used between the hours of 12 noon and 7pm and must not give reasonable cause for annoyance to those nearby. A number of organisations, including the police, ambulance service and fire brigade are exempt from these general rules.

Noise from aircraft

Complaints about civil airports/aircraft should be directed to the appropriate airport, while complaints about military aircraft should be directed to:

G9 (Pol),
HQ 38 (Irish) Bde & NI Garrison,
BFPO 825.

Telephone 028 9226 3498.

Other measures

There are additional controls which can help stop noise from particular sources. Some district councils have made byelaws to control noise in, for example, parks or recreation grounds. The noise covered by these byelaws may include singing, playing musical instruments/radios/stereos. Check with your local district council for details.

More useful links