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Noise FAQs

Below is a list of frequently-asked questions relating to noise.

What level of noise can I play my music at?

There are no specific levels at which anyone can play music or generate noise. Under the Environmental Protection Act 1990 a statutory nuisance is defined as 'noise emitted from premises so as to be prejudicial to health or a nuisance'.
There are a number of factors that are taken in to account in determining if the noise constitutes a statutory nuisance. These include:

  • How loud the noise is. If it can be clearly heard outside of your property or through an adjoining wall, then it is likely that it is too loud and may constitute a nuisance.
  • The time of day or night. If the noise is occurring during the middle of the night then it is more likely to cause disturbance than if the same noise was occurring during the day. Additionally, Sundays and Bank Holidays are traditionally seen to be quieter days when noise can become more intrusive.
  • The duration and frequency. If the noise is continuing on a regular basis it will be more likely to cause disturbance and constitute a nuisance.
  • The nature of the music. Not everyone likes the same music and some types of music and systems can produce very high bass levels. This low frequency noise can then travel further distances and in particular though walls, causing a lot of disturbance due to the 'thudding' nature, of the noise.

What can I do to ensure I don't cause a nuisance due to noise?

There are a number of ways that you can try to be a good neighbour. Here are some tips to help:

Ten top tips to being a good neighbour

  1. Music
    Keep the volume as low as possible, especially at night, and consider using headphones. Ensure the bass beat is controlled, as it can be the most annoying part.

  2. DIY 
    Limit the use of noisier operations to the day and let your neighbours know beforehand if you are carrying out such work.

  3. Alarms
    To prevent unnecessary disturbances ensure the alarm is fitted with a 20 min. cut-off device and the names of two key-holders are lodged with the police.

  4. Parties
    Keep music turned down, go home quietly and ensure the neighbours are aware beforehand that you are having a party.

  5. Dogs
    Don't let your dog bark or whine for long periods. Check with your neighbours whether it is causing a problem or not.

  6. Cars
    Don't rev the engine excessively, use the horn only for emergencies and ensure music levels are kept down.

  7. Domestic appliances 
    Keep washing machines away from party walls and place them on carpet/rubber mats to reduce vibration.

  8. Lawn mowers 
    Mow the lawn and use garden power tools at a reasonable time - not early mornings or late at night.

  9. TV 
    Keep the volume at a level that you can hear comfortably but which cannot be heard in the adjacent property.

  10. Children 
    If children are playing outside, ensure they are considerate to other neighbours, especially by throwing/kicking balls against walls of neighbouring properties.

How can I make a complaint about noise?

If you wish to make a complaint about a noise problem then you can contact the general enquiries number 01283 595795. Staff will take the details in order to generate a complaint form, which is passed on to the relevant officer to investigate the problem.

How do you investigate complaints?

The policy for dealing with noise complaints is detailed within the noise pollution page.

What if it is not possible for the council to witness the problem?

In some occasions, due to the irregular pattern of the noise, it may not be possible for an officer to witness the problem. This does not mean that there is not a problem, only that the officer has been unable to witness the problem and the Council would not be able to take any further action.

However, you can still take your own action by making a complaint direct to the Magistrates Court under Section 82 of the Environmental Protection Act 1990. This can be done by contacting the Justices' Clerk's Office at the Local Magistrates Court.

This can be quite simple and you do not have to employ a solicitor, although it is advisable to obtain some legal advice, particularly for the level and detail of evidence required.

Do the same rules apply to business premises as for domestic properties?

The law in relation to business premises is slightly different in that they do have a defence against any action if they have taken the 'Best Practicable Means' to prevent the noise.

There are a number of factors that would need to be considered for this, including the cost of remedial measures, how practical they are, whether the measures are possible and also how much of a reduction in noise levels would be achieved.

Where can I get advice?

You can speak to an officer of the Pollution Team by first contacting the Central Support Services on 01283 595795. If an officer is not available at the time of your call they will endeavour to contact you as soon as possible.

For further information please contact us using the following details.

Contact details

South Derbyshire District Council
Environmental Services
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: 01283 598780
Fax: 01283 595855
Online: Anti-Social Behaviour Reportng: anti-social behaviour report form Other Enquiries: online enquiry / report form
email: environmental.health@south-derbys.gov.uk

Page ref: SDDC 102

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