Brits warned summer garden mistake could mean £5,000 fine

With summer approaching, many Brits are set to spend more time in their outdoor spaces, weather permitting, of course. But almost half (48%) of Brits are unaware of household noise laws which prohibit any excessive noise beyond 11pm, according to new research by Toolstation.

The home improvements experts at Toolstation have compiled a guide to neighbourhood noise laws in the UK using government and local council information.

UK noise laws explained

Under UK law, noise levels must be kept to a minimum between the hours of 11pm to 7am. This covers playing loud music, partying, dogs barking, vehicles and machinery noises like lawnmowers and even washing machines.

Under the Environmental Protection Act of 1990, local councils must look into complaints that can be classed as a ‘statutory nuisance’. These however are not just restricted to night hours.

A statutory nuisance is when a noise or other disturbance such as air or light pollution is “unreasonably and substantially interfering with the use or enjoyment of a home or other premises or is likely to injure the health of an individual”. Once a council has deemed that a statutory nuisance is happening or has happened, it will serve an abatement notice to the person responsible.

This requires whoever is responsible to stop the activity or limit it to certain times to avoid causing a nuisance. If the individual fails to comply with the abatement notice, they may be prosecuted in court and fined up to £5,000.

DIY and construction work

Whilst there are no set laws that govern DIY-related work. There are laws that cover construction works to limit any excess noise disruption.

Each local council has its own set of guidelines, however on average any construction-related work must be confined between the hours of 8am to 6pm from Mondays to Fridays, 8am to 1pm on Saturdays. Despite 70% of Brits believing so, according to the Toolstation research, construction-related work should not take place on Sundays or any bank holidays.

Smaller DIY jobs such as painting and decorating, resealing grout, or gardening, providing these are not disruptive to neighbours, should be fine to carry out. As a general rule of thumb, any DIY work that involves using power tools or machinery such as mowing the lawn, sanding down walls, or drilling should not be carried out outside of these hours.

Permitted noise levels

Permitted noise levels are measured using A-weighted decibels (dBA). The permitted noise levels in the UK are based on the underlying noise level (natural background noise level).

If the underlying level of noise is higher than a certain dBA threshold, then the permitted noise level can be 10 dBA above this. The laws in England and Wales state that during the nighttime hours (11pm to 7am) noise levels cannot exceed 24 dBA, unless the underlying noise is above this, in which case it is 34 dBA.

In Scotland and Northern Ireland however, noise levels should not exceed 21 dBA unless the underlying noise level is above this, in which case it is 31 dBA. For reference, 50 dBA is equivalent to a normal conversation, whereas 70 dBA is the same as the average vacuum cleaner.

Failure to comply with these set levels can result in a warning notice being issued to the individual responsible. If someone doesn’t comply with a warning notice without a reasonable excuse, councils can:

• Give a fixed penalty notice (FPN) giving them the chance to pay a fine of up to £110 for dwellings and £500 for licensed premises within 14 days.

• Prosecute them if they don’t issue an FPN or if the person responsible doesn’t pay the fine on time. If convicted, they can get a fine of up to £1,000 for dwellings and an unlimited amount for licensed premises.

• Remove any noise-making equipment like loudspeakers.

Common noise FAQs answered

What time do I need to stop making noise?

All loud noises must stop before 11pm in the UK and be maintained until 7am. This includes playing loud music, partying, animals, vehicles, and machinery noise such as lawnmowers and washing machines.

Can I set off fireworks in my garden?

Fireworks cannot be set off between 11pm and 7am in the UK apart from on New Year's Eve, Lunar New Year, Diwali and bonfire night, where the cut off is 1am. It is also against the law to set off fireworks in a public place such as the street - this includes handheld sparklers.

Is there a law on hosting a barbeque?

It is not illegal to have a bonfire or barbecue on your premises, however you have to be conscious of the smoke it emits. Excessive smoke can be classed as a statutory nuisance, which can be investigated by the local council.

Can I play loud music in my garden?

Guidelines state that noises during the day should not exceed 65 dBA, which is the equivalent of a lawnmower. In scenarios where you want to host a party or gathering at home, it’s best to let your neighbours know beforehand.

How do I report any loud noise?

Contrary to belief, noise complaints are submitted through the local council and not the local police. They will ask for details about the noise disturbance which include the date and time, the location - indoors or outside, and details of the noise itself. If unsure about any of the guidelines, homeowners are urged to check their local council's website for more information specific to the local area.