Community Impact Management: Noise Nuisance

• Published date: 06 August 2020
• Subject Matter: Real Estate and Construction, Coronavirus (COVID-19), Landlord & Tenant - Leases, Reporting and Compliance, Operational Impacts and Strategy
• Law Firm: Walker Morris
• Author: Ms Deborah Brown

A BTR apartment development brings together a large number of residents and one of the major challenges of living together in harmony, is ensuring residents are not affected by noise from other residents.

Operators need to find a good balance between providing an enjoyable place to socialise, and a suitable place for work, study, quiet relaxation, sleep and generally for residents to enjoy their own home in the way they choose. Some noise is to be expected, but it is the responsibility of all residents to ensure they also behave considerately.

To understand how best to deal with noise problems, first gaining a basic understanding of what could be considered a "statutory nuisance" (a term used under the Environmental Protection Act 1990 and in respect of which local authorities have enforcement power) is necessary. For noise to amount to a "statutory nuisance" it must be such that it is considered to have a wider community impact (i.e. on more than one other household) and also be considered as unreasonable to the "average person".

Based on Local Authority practices, matters that should be taken into account when deciding if something is a nuisance or not in this context, would include:

• Impact - the problem must have a real effect on how a person can reasonably use or enjoy their property. For example, noise from a neighbour may be audible but it would need to be loud enough to impact on sleep conversation, watching TV etc. for it to be a nuisance.
• Frequency - something happening just once or twice might not be an actionable nuisance. For example, a celebration event with music during the day or early evening, but if the same thing occurred more frequently, or during unsocial hours, then it could be a nuisance.
• Duration - if something happens for a relatively short period of time it may not be a nuisance. For example a neighbour's dog barking when someone comes to the door, but if the same noise went on for longer, for example a dog barking when the owners are out all day then this could be a nuisance.
• Time of day / night - this is similar to impact, because something that might be a problem through the night, might not necessarily be a nuisance when happening in the day.
• Everyday activity - things which are part and parcel of everyday normal life, for example flushing toilets, footsteps, talking, closing doors, babies crying, will not amount to a nuisance because there is little the person can do to prevent it. This is sometimes an issue with poor...