How Walsall Council deals with noise complaints

Some noises are annoying, but they're not against the law or something we can investigate. Whether a noise is a nuisance depends on specific factors. These can be found in more depth in the Environmental Protection Act 1990.

This act sets out what types of noises the council can investigate and what (if any) enforcement actions we should take.

We'll decide whether a noise counts as a nuisance using these factors:

• Location - Is the noise typical for the area? A cockerel crowing in the country is more accepted than a cockerel crowing in a quiet residential area
• Time of day - Is the noise happening at unreasonable hours, like late at night or early in the morning (between 11pm - 7am)? Complaints about noise at night are taken more seriously than the same noises during the day
• Frequency - How frequently are you affected by the noise? Noisy parties held weekly or monthly are seen differently to one held occasionally
• Duration - How long are you disturbed? A dog barking at the postman or occasional passer-by is different to one barking most of the day
• Sensitivity and intensity - How loud and intrusive is the noise? We all have different sensitivities to noise. We'll consider how the noise affects an ordinary person rather than someone very sensitive to it
• Number of people affected - how many people have complained about the noise/are affected by it? If it's only one person on a street with a complaint, it could be that they are especially sensitive

We will investigate noises that are unreasonable, regular or ongoing. If it's a one off, or noise that comes from every day activities, we probably can't help you. The only exception to this is alarms.

How to gather evidence for your complaint

Before making a complaint, you should try and talk to the neighbour or business that's affecting you. They may not realise that they are causing a problem.

If the problem continues, you can submit evidence to us. This can be done through creating:

• a two week noise diary/log
• recordings made using the free Noise app

We can then investigate the issue. Our officers may visit your property to witness the noise and assess your living arrangements.

We'll then contact the person or business making the noise and share your evidence with them. We won't identify who lodged the complaint, but it will likely be obvious to them.

Reporting noise complaints

The way we handle noise complaints depends on who is generating the noise:

• what to do about noise from domestic or residential properties
• report noise from a business (fpr example, pubs and clubs)
• report noise from industrial or commercial premises

If we decide there is a problem

Once we've completed these steps and determined that it is noise nuisance, we can serve a statutory abatement notice.

This notice requires them to stop making the noise immediately or within 7 days. It will also set out steps they need to take and a timeframe to do them within to reduce the noise they make.

Sometimes, the person responsible will choose to ignore or not comply with the notice. In these cases, we will take further legal action. This may result in:

• court cases and criminal prosecution
• unlimited fines
• seizure of equipment causing the issue

If we decide there is not a problem

Sometimes we'll decide that a noise is not a nuisance. This could be because:

• there is insufficient evidence
• we were unable to witness the noise over a reasonable period of time
• we found the noise is not unreasonable or persistent

We will then close your case. This doesn't mean the noise isn't a problem, but that we can't resolve it.