Introduction
As part of our noise nuisance blog series, we are collaborating with organisations and practitioners who tackle noise nuisance to bring together knowledge and expertise to share with our readers.
The blog below has been written and provided by Jim Nixon at RHE Global – the organisation behind The Noise App. We are grateful to work so closely with like-minded individuals and be able to empower victims and practitioners in tackling noise nuisance.
Noise nuisance is an issue that affects countless individuals, yet too often, those reporting excessive noise find themselves frustrated with the response they receive. Local authorities have a statutory duty to investigate noise complaints and determine whether they meet the legal threshold for statutory noise nuisance. However, in many cases, complaints do not meet this high bar, leaving reporters feeling unheard and the problem unresolved.
The Housing Ombudsman’s Spotlight on Noise report (2022) brought this issue to the forefront, highlighting gaps in the way noise complaints are managed and making several key recommendations for improvement. It is clear that a fresh approach is needed to support those affected by noise and to ensure local authorities and housing providers have the tools to respond effectively.
The challenge of statutory noise nuisance
Statutory noise nuisance is determined based on strict criteria. Environmental Health Officers (EHOs) assess factors such as duration, frequency, and the impact on the complainant’s health and wellbeing. The challenge is that many forms of noise—such as everyday household sounds, slamming doors, or noisy appliances—may be highly disruptive to those experiencing them but do not necessarily meet the statutory definition.
You can find more on general living noise nuisance in our blog here.
For many reporters, this creates a frustrating cycle: they complain, the case is investigated, but because the noise does not meet the threshold, no action is taken, and the case is closed. This leaves the reporter without a resolution, damaging trust in local services and often leading to repeated complaints or escalation to ombudsman services.
A wider approach: The ASB, Crime and Policing Act 2014
Where statutory nuisance does not apply, other legal avenues may provide a solution. The Anti-Social Behaviour, Crime and Policing Act 2014 offers a more flexible framework to address noise problems under civil law. Using this legislation, authorities can take action based on the balance of probabilities, a lower evidential threshold than that required for statutory nuisance cases. This means that in cases where repeated, unreasonable noise is affecting residents, tools such as Community Protection Notices (CPNs) or injunctions can be considered to tackle the issue effectively.
The role of The Noise App
Technology is also playing an increasingly important role in noise management. The Noise App enables reporters to submit real-time evidence of the noise they are experiencing, allowing investigating officers to assess complaints more efficiently. The app provides an accessible way for residents to record disturbances, while also helping authorities to gather evidence in a structured and manageable format.
For officers and housing providers, the app enhances case management by providing a clear record of incidents. This can support decision-making, whether through statutory nuisance assessments, ASB interventions, or alternative approaches such as mediation.
Housing management and noise issues
The Spotlight on Noise report also identified how housing management factors contribute to noise complaints. Poor insulation, thin walls, and structural issues in housing can make everyday sounds seem excessive. In such cases, enforcement action may not be the best response. Instead, good housing management policies can help to reduce complaints and improve satisfaction among tenants.
One of the report’s key recommendations was the introduction of a Neighbourhood Management Policy to proactively address noise-related housing issues. This could include measures such as property inspections, better insulation, improved communication between neighbours, and the use of tenancy agreements to set clear expectations around noise.
Moving forward
The handling of noise complaints must evolve to better meet the needs of residents. By combining statutory noise nuisance investigations with ASB legislation, effective housing management, and digital tools like the Noise App, we can create a more responsive and effective system.
Authorities and housing providers must also invest in training and policy development to ensure that complaints are dealt with proactively rather than reactively. A holistic approach will not only improve customer satisfaction but also reduce the number of unresolved cases and unnecessary escalations.
At a time when noise-related disputes are becoming more common, it is crucial that we break the cycle of poor service and frustration. With the right strategies in place, we can ensure that noise complaints are handled fairly, efficiently, and with the best possible outcomes for all involved.