Find out what noise complaints we can deal with, what action we can take and how to take your own action.
Before you contact Brighton & Hove City Council Environmental Protection Department, we always suggest you talk to your neighbours first to try and resolve any problems. Often, your neighbour may not be aware they're causing a problem.
If this does not work or is not possible, we strongly recommend that you consider mediation.
Residents can contact Brighton and Hove Independent Mediation Service.
Mediation seeks to achieve mutually agreed solutions to a dispute and is often more sustainable and long-lasting.
Most noise complaints are dealt with informally, but should this not be possible, Brighton & Hove City Council can take formal action.
There's no set legal level of noise which is too loud, or that will automatically result in action being taken by Brighton & Hove City Council.
There is also no set time during the day or night when music or any other sort of noisy activity must end.
Under the provisions of the Environmental Protection Act 1990 and the definition of statutory nuisance, Brighton & Hove City Council can investigate and deal with some types of noise.
Find out what counts as a statutory nuisance from GOV.UK.
In order to take action, the noise has to be significant enough to disturb you in your home and interfere with everyday life.
The noise therefore needs to continue for a long time or happen regularly and be unreasonable.
We can investigate noise from:
Brighton & Hove City Council will not investigate noise which is unlikely to constitute a statutory nuisance under the legislation such as sounds of daily living.
Examples of noise that will not be investigated include:
This is because case law stops us from taking action over such matters. Find out more about why we cannot deal with poor insulation and everyday noise.
Building work or DIY activities can create noise or vibration that can affect neighbours and result in complaints to Brighton & Hove City Council.
There's no law stating the times that DIY or other building works can take place or any laws that specify maximum noise levels.
Planning conditions are sometimes attached to planning permissions which restrict work to certain times only. These permissions are usually only for larger developments (10 dwellings or more or development of floorspace of 1,000 sq m or more).
You can find information about individual site planning permissions by searching our Planning Register.
We appreciate that people often carry out building or DIY work. However, this work must be done at reasonable times and should not cause nuisance to neighbours.
We strongly recommend that noisy building and DIY work be restricted to the following times unless you have agreed to other times with your neighbours:
It's a good idea to inform your neighbours of the work you're carrying out, and how long you expect it to take. Where possible, inform them in advance of potentially noisy work. Complaints may be avoided if people are aware of your timetable.
Remember, whilst occasional DIY or building work is not unreasonable, frequent, or prolonged loud work that causes disturbance can be considered unreasonable and may constitute a statutory nuisance.
We can investigate odour or smell as a nuisance from most sources. However, with regards to complaints about the spreading of manure or slurry on the land, we follow the informal advice provided by the Department of Environment, Food and Rural Affairs (DEFRA) that manure or similar should be ploughed in within 72 hours of it being spread.
We need to know where the odour comes from.
We're often asked to investigate odours from kitchen exhaust/extraction systems serving restaurants and/or takeaways. In these cases, we can check that the extractor system and ducting are being maintained, serviced, and cleaned properly. There will always be odd incidents from commercial kitchen systems, but they should not be excessive.
We are not able to deal with odours from domestic premises, such as cooking and cigarette smoke coming from within people’s homes. However, odour from accumulations within residential properties can be investigated.
There are times, despite the best efforts of the investigating officer, when Brighton & Hove City Council cannot obtain the evidence necessary to take action on behalf of the person who has made a complaint. This may be due to noise which occurs intermittently or we're unable to gather evidence to prove a statutory nuisance.
In such circumstances, independent legal action can be taken by complaining directly to the Magistrate's Court under Section 82 of the Environmental Protection Act 1990 under the grounds that you are aggrieved by noise amounting to a statutory nuisance.
The procedure is fairly simple and need not cost much. You may not need to employ a solicitor but it's advisable to obtain some legal advice.
Brighton & Hove City Council cannot be held responsible for any outcome where private action is pursued. These notes are for guidance only.
For further advice contact the Magistrates Court:
Every case is different, but in general, we’ll contact the person responsible and tell them about the complaint.
If the noise continues, we’ll collect evidence by asking you to keep diaries, and sending out officers or recording equipment.
If the noise is classed as a statutory nuisance, we’ll take action in line with our enforcement policy.
We will not give your name and address to the person you complained about without your permission. But they may be able to guess who you are.
It’s likely that we will need to reveal your details if we take any legal or formal action.
To contact our service during the week: