Noise: A Beginner's Guide

Thumping music, bawling kids, and the couple next door having a bit of a domestic: noisy neighbours can really make your life a misery...
©iStockphoto.com/christine gonsalves

 Add to that list blaring TV sets, barking dogs, wailing car alarms, the cacophony caused by construction and DIY, and even the unwelcome sounds of the neighbours getting it on, and it's small wonder people are desperate to have the background decibels turned down.

According to Environmental Campaigns (Encams) noise is a problem for one in three and a serious problem for one in 12, and according to Government figures local authorities received 228,704 domestic noise complaints in 2001/02.

That's a lot of grief for a lot of people. So if you can't hear yourself think and you're stumbling around in a state of sleep-deprived despair, here's a run through some of the options for dealing with noisy neighbours - none of them involving ear-plugs.

Defining "Unreasonable" Noise

Noise, usually defined as unwanted sound, is measured scientifically in decibels. The sound of breathing is 10 decibels, a washing machine is 70, and heavy traffic is 80/90.

Prolonged exposure above 85 decibels will damage hearing - which is probably why The Who's Pete Townshend is almost deaf and suffers "unbearable" pains in his ears.
 
However, when it comes to defining noise as a statutory nuisance, the current regulations don't rely on decibels to decide. The Environmental Protection Act 1990 (Sections 79 - 82), has this to say:

"For a noise to constitute a "nuisance" in the legal sense, it must be unreasonable and cause substantial interference to normal domestic activities.

"The frequency and duration of individual occurrences, loudness, time of day/night, as well as the length of time the nuisance has been caused (weeks/months) are amongst the factors which are taken into consideration".


What To Do: Informal Measures

If you're convinced that the ear-bashing you're currently enduring more than qualifies as "unreasonable" there are several things you can do. Government advice is as follows.

1. A Quiet Word: If a neighbour is bombarding you with booming drum 'n' bass, the first step, says the Department of the Environment, is to have a quiet word - "you may find that they are unaware that they are disturbing you".

Sage advice, no doubt, and many problems are solved at this early stage. But if the reasonable approach fails, or you don't want to go it alone, you can always call on the mediation service to help.

2. Mediation: Mediation UK will act as go-betweens and will try and negotiate a solution acceptable to all parties. Between 2002 and 2003, they dealt with over 47,000 cases, 78% of which reached full or partial agreement, so they really are worth a go.

Bear in mind, too, that when you decide to sell your house the buyer's solicitor will send you a form asking if you've had any disputes with the neighbours - lie and you can be liable. So sorting the problem out though mediation could save you a lot of hassle in the future as well as ensure a good night's sleep.


What To Do: Legal Measures 1

3. Call the Council: If these informal approaches fail, you'll need to call in the big legal guns - and that means the Environmental Health Officer at your local council.


They are legally obliged to investigate all complaints of unreasonable noise and will come to see if your complaint amounts to a statutory nuisance as defined above.

In the process, they will probably ask you to keep a diary detailing the dates, times, duration, and nature of the noise. And they might install equipment to monitor the racket. They will also write to the person causing the noise and request their co-operation.

If the council decides the noise constitutes a statutory nuisance they will serve a noise abatement order on the perpetrator. This informs them that the noise is an offence and must be stopped.

If there are further offences they can seize equipment (e.g.: a stereo) and they can also bring the offender to the Magistrates Court. Those convicted can be fined up to £5,000 and a further £500 per day for every day they do not comply with the court's orders.

If the noise is part of a wider problem involving a violent or abusive neighbour, the council can hit them with an Anti-social Behaviour Order (ASBO), which allows the council to take action with the police.

Offenders can be banned from certain actions, have a curfew imposed and can even be banged up for a maximum of five years, a measure which will certainly sort the problem out once and for all.


What To Do: Legal Measures 2

 4. Magistrates' Court: Councils, of course, vary up and down the land, so what do you do if you think your council hasn't investigated properly or has come to wrong decision about the nature of the noise?

If you feel the council hasn't served you well you can complain to the Local Government Ombudsman. You can also contact the Magistrates' Court directly and take a case against the offender.

To do this, you will need to convince the court that the noise is a statutory nuisance - keeping detailed records, providing corroborative testimony from neighbours, and providing a doctor's note of the stress endured are all helpful.

The person making the noise will then be given written warning of your complaint and if the court is convinced by your case they can be summoned to appear before the beak. If you win the case the court will issue an abatement order and may impose a fine - but remember, lose and you'll end up saddled with the costs.

Sound-Proofing

Aside from the legal route there are also practical things you can do to dampen down the decibels. With many of us living in period conversions, unwelcome sounds are often a fact of life and there's now a minor industry offering numerous products that promise to restore the peace.

Source: Sound Stop
 The Noise Abatement Society, who are currently running a campaign to find the noisiest house in Britain, say double-glazing is one of the most effective measures you can take and will reduce noise pollution by up to 35 decibels.

For advice and a directory of dealers check out the Glass and Glazing Federation

There are also many building and insulation products on the market - everything from simple carpet underlay to false walls and floating ceilings - but bear in mind that the more complicated will certainly cost you.

 

Source: Sound Stop
 Sound-proofing is a complex subject and could do with a guide all to itself. A good general introduction can be found here Noise Net. See also publications by the The Building Research Establishment  and The Building Centre.

Notable specialists in domestic sound-proofing include: Custom Audio Designs, SoundstopOwens Corning and Sound Reduction.

And finally, most of us cause noise as well as endure it - for a useful guide to auditing the amount of noise you produce and handy tips on how to keep the din to a minimum take a look at the National Society For Clean Air's online Sound Check

 

Michael O'Flynn

 

Feedback on this story:

14.08.07

"I write as a dedicated churchbell ringer. A typical program in an active ringing tower might be a practice in the evening once a week for about 1 1/2 hours normally ending by 9.00pm, and 45 minutes ringing before service on Sundays (formerly this would have been morning and evening, but these days it is more likely to be only once). Additionally, ringers visit other towers for recreational ringing, which might be a session for about an hour or, occasionally a full peal of 500 changes lasting three hours.

"It is amazing how many people buy a house under a church tower without considering that they may hear bell noise. Whereas most people seem to like the sound of church bells even if not churchgoers themselves, to some it causes great annoyance, which they could have avoided if they had thought about the consequences of living under a bell tower.  Ringing of church bells is a long lived British tradition and if a prospective home buyer does not like it they would be well advised to avoid the source of the annoyance. May I ask you theefore to add this point to your website."  C.M.H.Brady

 

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