- December 6, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Property Noise Complaints and Legal Obligations
Background: My son and daughter reside in a property that is owned by my wife. It is a share of freehold flat in a converted terrace located in a pleasant area of London. However, there has been an issue with a neighbor who recently renovated his property, resulting in his bedroom being positioned next to their living room.
Noise Complaints: The neighbor has approached my son twice now, expressing concerns about noise. Initially, the complaint was made after my son had a small gathering for dinner, and the second time the neighbor confronted him was during a planned Christmas drinks event with a limited number of friends. In an attempt to address the situation, my son even recorded the noise level to verify the legitimacy of the complaint.
NeighborÔÇÖs Behavior: During the recent encounter, the neighbor was reportedly aggressive, which has escalated the issue further. A video recording of the gathering shows that the noise level was not excessive, raising questions about the neighbor’s complaints.
Request for Advice: At this point, I am seeking advice on our legal obligations towards the neighbor. While we empathize with the neighbor’s disturbance, it is essential to consider that the conversion of his property did not include appropriate measures to mitigate noise transfer.
AI Legalese Decoder: In this situation, the AI Legalese Decoder can assist in understanding the legal aspects relating to property rights and noise complaints. By utilizing AI technology, we can gain insights into the legal responsibilities of property owners in addressing noise disturbances and the rights of tenants in such scenarios. Additionally, the AI Legalese Decoder can provide guidance on the neighbor’s obligations in terms of property renovations and soundproofing requirements.
Conclusion: It is crucial to address the neighbor’s concerns while also understanding our rights and obligations in this situation. Leveraging the AI Legalese Decoder can provide valuable assistance in navigating the legal complexities associated with property disputes and noise complaints.
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****** just grabbed a
you have no obligation really, ultimately they could complain to the council but it most likely wouldnt go anywhere
So neighbour renovated, changed layout and didn’t think it was a good idea to add noise insulation given they’ve lived next door for a while? Be interesting whether they or you have done anything else to make the situation worse, eg lifted carpets and gone with sanded floorboards?
As long as the noise that your kids are making are within the permissible limits, you have no obligation to this neighbour legally speaking.
I’ve been complaining about my neighbour playing loud music for nearly 4 years, when I say loud things are actually vibrating in our house, the council had a listen and imposed a sound abatement order which he totally ignores, 2 years after the order he’s still doing it and every time we call the council to come and listen again they’re either too busy or turn up after the music has stopped, so I’d say you have nothing to worry about!
Like you said if the walls are so bad they can hear people talking then they should look at fitting some soundproofing, speech isn’t that hard to stop, loud bass on the other hand is mission impossible
There’s case law around how you change your home around.
Can’t remember if it was Stannard v Pitcher 2002, but essentially, he’s moved the layout of his house, whereas your son continues to use his premises reasonably. Unless the talking is so excessive it would have been a nuisance prior to the change of layout, it’s hard for the neighbour to claim nuisance.
I assume he had a good nights sleep when the bedroom was on the other side
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Or maybe it was this case, where the bedroom upstairs was changed to a kitchen
https://www.jpclaw.co.uk/latest/noise-nuisance-flat-owners-beware
Not really a legal point but it might help to limit further issues. The neighbour could install some soundproofing on the wall in question, if you really wanted to go out of your way, you could too.
IÔÇÖm on the receiving end of an unacceptable volume and frequency of noise, spanning 1.5 years. IÔÇÖve regularly complained directly to those making the noise, the council and managing agent. Nothing has been done. So, I wouldnÔÇÖt worry about it.
Sounds like he has renovated it but made noise transfer worse…. Ask your other neighbour if they hear you?
I would install a ring doorbell so your kids can check who is at the door, and tell them not to engage with him. This man sounds aggressive. I would be more worried about him committing an offence at this point than any comeback from the council.
You are allowed to have friends round to your own home and talk to them, expecting silence after midnight is unreasonable. The council won’t help him, so he will either sulk and change his layout, or blow his top and turn up looking for a fight.
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If they aren’t actually making any overtly loud noise, for long periods and on a consistent basis, then I would just carry on and ignore the neighbour.
Tell the neighbour to go the council.
Council will ask them to keep a log.
Council may deem it to put monitoring equipment in.
Sounds like normal living noise which is acceptable. Dogs barking is even acceptable. It just canÔÇÖt be excessive. We had similar and out of 18 hours recording. There was 11 minutes of barking.
Case closed.
Neighbour then complained about music, tv etc. just liked to moan.
They ended up moving.
Any questions ask and IÔÇÖll do my best to answer.
Always two sides to noise complaints: with positive intent, both sides are appropriate. Keeping noise to a minimum in a communal building is good practice, and adhering to socially acceptable times – 10pm is reasonable for someone to expect relative quiet, whilst 12pm is too late to call time on a gathering of voices. Complaining about noise should reflect the same times, but thereÔÇÖs a difference to excessive or consistent noise (above 80db at source or 60db in the next room/property. The perspective one might have of someone in the next room is unlikely to be different from someone on the floor above or below – especially in locations that have minimal insulation/soundproofing.
IÔÇÖd encourage your children to keep things amenable by giving notice of an ÔÇÿeventÔÇÖ, and stating what time they expect to end proceedings. IÔÇÖd also encourage to be confident that it is reasonable to expect feedback if their ÔÇÿeventsÔÇÖ are running past 10pm, but up until that time itÔÇÖs also reasonable to minimise how loud they are. Making a declaration of that to their neighbour would also set an expectation that it IS reasonable for them to be sociable with friends, and that if the neighbour is especially sensitive to noise, they make some effort to minimise the impact with earplugs or soundproofing.
A local council will respond to complaints, but they wonÔÇÖt take much notice of sub-70db ÔÇÿnoiseÔÇÖ outside the building, or inside a neighbouring flat. ThereÔÇÖs value in calmly stating that responsibility lies with the neighbour for changing where their bedroom is, but everything else might smooth feathers ahead of a final resort observation – ÔÇ£you moved your bedroom, so on your head be itÔǪÔÇØ
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Ultimately, the council will advise that the quiet periods are 11pm to 7am. Environmental health will give noise measuring equipment.
If over, regularly, they may pursue an order.
If this is a regular occurrence, then he may have a case for this being pursued.
As much as he’s chosen to move his rooms around, as is his right, (you don’t need an architect for literally swapping room usage), and as much as it’s a foreseeable potential issue, it’s also not fair that in a shared living situatuon which a converted terrace flat certainly is, that he should have to put up with the noise of 6 adults past midnight, potentially on a regular basis.
Sound travels. Terraced properties that are converted without soundproofing are nightmares, and actually, as its your household making the noise, I’d say the onus is in your household soundproofing and reducing the impact of their socialising. Equally soundproofing, good underlay and carpets may help the neighbours if they’re upstairs?
Tell the neighbour, if he has an issue call the council noise team, they (may) come over and will do nothing about it, if they are not throwing a rave or something, they have nothing to worry about.
I work on an estate and the amount of people that moan for the sake of it is insane.
IÔÇÖve had multiple noise complaints against my neighbours in with the council. Basically there are no set noise levels in decibels and no set hours. ItÔÇÖs about what noise becomes a nuisance.
A drill isnÔÇÖt unreasonable but if you run it for 6 hours a day every day, it is.
The council are generally very reluctant to get involved with what they call ÔÇ£household noise.ÔÇØ So things like appliances and conversations.
IMO the neighbour is being unreasonable if he changed everything around and now expects quiet because of it.
Even if he lies to the council, theyÔÇÖll eventually put recording equipment in his property which will show the truth.
Let him crack on.
Dw about it. Even if they were blasting music at 4 am on a weekday the councils don’t have funding to deal with it.
Tell the neighbour to install acoustic plasterboard and or get an acoustician to assess his bedroom? He has changed his living arrangements. They donÔÇÖt align with the rest of the streets general arrangement of quiet upstairs and social downstairs. ItÔÇÖs like when someone moves next to a nightclub then proceeds to complain about the noise. Idiocy!
Make sure excessive noise isn’t being played outside of the hours, even use an impromptu decibel meter on a phone to get a ballpark what the noise level is.
There’s not much the other neighbour can do.