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Environment section


Neighbours

Noisy neighbours and noise nuisance

This section provides information and guidance on shouting neighbours and what constitutes noise nuisance.

It is possible that frequent and excessive vocal noise at antisocial hours may cause a statutory nuisance within the provisions of the Environmental Protection Act 1990.

In making an assessment under the above act, we cannot have regard to the content of the noise (for example bad language or abuse) - we can only assess the effect of the noise itself.

If the person causing the noise is a tenant, it is also possible that the noise is causing tenancy or letting conditions to be breached (if the house in question is not in owner occupation) or that there is a breach of the property's covenants.

Other legal provision which may be applicable are common law nuisance and  section 82 of the Environmental Protection Act 1990.

Both of these allow individuals to take their own legal action and may offer a more speedy remedy than we can offer using our powers under the Environmental Protection Act 1990.

Under some circumstances the activity may be controlled by an Anti-Social Behaviour Order (ASBO) which can be obtained from a court by the Community Safety Department or the Police.

However, it should be noted that ASBOs can only be granted by a court all other appropriate legal channels have been tried by the local authority and have failed.

We would advise you to speak to your neighbours in the first instance. They may be unaware of the degree of disturbance they are causing. 

You might also consider that mediation would be a useful option to consider. 

The East Surrey Community Mediation service can be contacted on 01737 248559 or PO Box 187, Reigate, Surrey, RH2 0FT.

Before you make a formal complaint we strongly recommend you read our guidance notes on making a complaint.

Having read the guidance notes, make your complaint online or make your complaint by letter, telephone or email.

We will need to know exactly where the activity is taking place and when it may be witnessed by our officers.

Any other information would be helpful. We would also advise you to make a complaint to the owner of the property from which the disturbance emanates if it is occupied by a tenant.

Last updated: 25-08-2004


Reigate & Banstead Borough Council
Town Hall
Castlefield Road
Reigate
RH2 0SH
01737 276000
customer.services@reigate-banstead.gov.uk