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Question about my neighbours

girlyracer Avatar
6y, 5m agoPosted 6 years, 5 months ago
Is there any laws about what time on a sunday morning that you are allowed to start hammering down a wall in your house, i have been up all night with my teething baby and she finally gets to sleep at 8am then at 9am the inconsiderate neighbours start hammering down a wall, it sounds like someone hammering in our house, not very happy at all!!
girlyracer Avatar
6y, 5m agoPosted 6 years, 5 months ago
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#1
What about laws against crying babies all night?
#2
Babbabooey
What about laws against crying babies all night?


who said she was crying? and a crying baby you cant help
#3
To be honest, any time after 9am I think is reasonable.

Used to be up most of the night with my little one when she was a newborn and not once did the neighbours complain - although I apologised as it was bad enough for me!
#4
so your neighbours have come into your house and knocking a wall down, who let them in???
banned#5
Don't think there's anything wrong with starting at 9am TBH, annoying as it may be. What are you expecying them to do? Wait until the baby wakes up at say 1 or 2 pm before they start work?
banned#6
if they work all week perhaps today is their only chance to get jobs done, an hour before midday is worth two afterwards
#7
wickedteen
so your neighbours have come into your house and knocking a wall down, who let them in???


i think you need to sleep even more than me!
#8
Unfortunately you cannot do anything about it. The house next door to us is being refurbished (18 months to date). He used to start at 8am and finish around 11pm, but he calmed down after I politely asked him too. Go and speak to the neighbours in a friendly fashion, explain the situation, and I bet they will see sense.
#9
seems to be that 9am is acceptable then, you know how it is when you have been up all night 9 am seems too early, i thought for some reason 11am was the time you could start work but was not sure, now i know :)
#10
Predikuesi
Unfortunately you cannot do anything about it. The house next door to us is being refurbished (18 months to date). He used to start at 8am and finish around 11pm, but he calmed down after I politely asked him too. Go and speak to the neighbours in a friendly fashion, explain the situation, and I bet they will see sense.


Thanks i will try that
#11
quoted from environmental protection website

Night time noise
The Anti-social Behaviour Act 2003 amended the Noise Act 1996 and enables local authorities in England and Wales to tackle night time noise emitted from dwellings and gardens between the hours of 11.00 pm and 7.00 am. To enforce these powers local authorities must ensure that an environmental health officer takes reasonable steps to investigate complaints about noise emitted from dwellings. If the officer is satisfied that noise exceeds the permitted level, a warning notice may be served on the person responsible. If the warning is ignored, the officer may issue a fixed penalty notice of £100, enter the dwelling and confiscate the noise making equipment (obstructing confiscation carries a fine of up to £1000), or prosecute (fine up to £1000). In Scotland similar action can be taken under the Anti-Social Behaviour (Noise Control) (Scotland) Regulations 2005.An extension of the Noise Act came into force in February 2008, enabling local authorities in England and Wales to tackle night time noise from licensed premises.

so apparently 7am is OK
banned#12
girlyracer;8825550
seems to be that 9am is acceptable then, you know how it is when you have been up all night 9 am seems too early, i thought for some reason 11am was the time you could start work but was not sure, now i know :)

so what do builders / plumbers etc do before 11am each day when the go to work lol

8AM is acceptable in my book.
banned#13
If my neighbours came round and moaned about the noise i would happily oblige. I down tools at 9pm though. Have gone past a few times but get my butt kicked by the missus. I would say 9am is perfectly acceptable. I work nights though but doesn't bother me too much.
#14
8.00am weekdays, 9.00am weekends.
Take some calpol to help you sleep...
#15
Sorry to tell you this but 7am is the time that the law states, and no later than 11pm. I know this is not good especially if you have a baby or work shifts and have to sleep during the day but when the rules where made working through the night was not as common as it is now. :(
#16
jon1000jon
Sorry to tell you this but 7am is the time that the law states, and no later than 11pm. I know this is not good especially if you have a baby or work shifts and have to sleep during the day but when the rules where made working through the night was not as common as it is now. :(


Yep - this ^^^
#17
The thing is OP, you call them inconsiderate- but do the neighbours even know you've been up all night with a teething baby?
#18
jon1000jon
Sorry to tell you this but 7am is the time that the law states, and no later than 11pm. I know this is not good especially if you have a baby or work shifts and have to sleep during the day but when the rules where made working through the night was not as common as it is now. :(


There's nothing in Law to state a specific start time - it's decided on a council by council basis and is based on case law studies.

In the authority I work, and in many other Scottish authorities, the 'rule' for construction sites (being the rule we'd apply to DIY) is:

8am-7pm Mon-Fri
8am-1pm Sat
No works on Sunday

That said, it's not as hard and fast a rule for DIY, dependant on the nature of the works that a householder is undertaking - so there's generally more flexibility.

For the OP - I doubt your neighbour deliberately started working in the knowledge that your little one was trying to sleep - perhaps having a quiet word with them would be the answer.:)
#19
if a baby is tired it will sleep through a fire engine siren going off in its room - its unfortunate that your neighbour is doing work after you have been up all night - but im sorry to say life goes on around babies even if they or you haven't slept and 9am to 9pm s, in my opinion certainly a reasonable time. I would only speak to the neighbour if it was becoming a regular thing before 9am and after 9pm other than that why bother them, they are entitled to do work without the knowledge of what your childs sleep patterns are
#20
moob;8825861
There's nothing in Law to state a specific start time - it's decided on a council by council basis and is based on case law studies.

In the authority I work, and in many other Scottish authorities, the 'rule' for construction sites (being the rule we'd apply to DIY) is:

8am-7pm Mon-Fri
8am-1pm Sat
No works on Sunday

That said, it's not as hard and fast a rule for DIY, dependant on the nature of the works that a householder is undertaking - so there's generally more flexibility.

For the OP - I doubt your neighbour deliberately started working in the knowledge that your little one was trying to sleep - perhaps having a quiet word with them would be the answer.:)


DIY is totally different to a construction site though, after all, its done in peoples spare time when they are not at work (no coincidence Sunday is one of the busiest days at DIY stores). 9 AM is absolutely fine, sorry, sometimes you simply have to put up with these things!
#21
jah128
DIY is totally different to a construction site though, after all, its done in peoples spare time when they are not at work (no coincidence Sunday is one of the busiest days at DIY stores). 9 AM is absolutely fine, sorry, sometimes you simply have to put up with these things!


Yeah, I kinda alluded to that in my post.

That said, it's not as hard and fast a rule for DIY, dependant on the nature of the works that a householder is undertaking - so there's generally more flexibility.


But if someone was undertaking really noisy works all day on a Sunday - that would be deemed to be unreasonable, and action would be necessary.
banned#22
moob

But if someone was undertaking really noisy works all day on a Sunday - that would be deemed to be unreasonable, and action would be necessary.


I laughed, no one believes in god anymore.
#23
If my next door neighbour asked me, even politely, I would start earlier next time. But I hate my neighbour :)

Oh and Moob what rubbish, alot of people work 6 days a week and Sunday is the one day to get stuff around the house done.

What about all the bloody lawn mowers I always hear on a sunday?
#24
tinkerbell28
Well 9am is ok, try ashton and parsons powders for the teething, I presume this is your 1st? Don't have anymore as you'll have all that and your other kids up at 6-7 wanting to get dressed and go down and watch spongebob.


who doesn't want to get up to watch spongebob!!!!

Anyway, I'd agree with the suggestion made earlier, that you're best off just going and talking to them politely =]
#25
tinkerbell28
Don't have anymore as you'll have all that and your other kids up at 6-7.


My daughter (now almost 5) has never got up before 8
#26
lumoruk
I laughed, no one believes in god anymore.


It's nothing to do with religion. The weekend is a time for most folk to relax - therefore people expect some peace and quiet to get a break before going back to work.

Others wanna do some DIY - I include myself in that - but it's about 'reasonableness' in terms of what people's expectations are.
#27
pinkleponkle
If my next door neighbour asked me, even politely, I would start earlier next time. But I hate my neighbour :)

Oh and Moob what rubbish, alot of people work 6 days a week and Sunday is the one day to get stuff around the house done.

What about all the bloody lawn mowers I always hear on a sunday?


You may think it's rubbish, but folk have been done for less. Just saying, as I've read quite a bit of case law on this topic.

You sound like the kind of person who starts up neighbour disputes and acts in a childish manner to antagonise the situation. Pretty sad really.
#28
tinkerbell28


Lol a moob limited DIY on a weekend :lol:


Just speaking from experience.

I got called out once to deal with a DIY punter who was knocking down walls in his house from 7am-8pm at night. His neighbours weren't happy and I put a Notice on the bloke to curtail his DIY.

Would you get upset if someone was using a Stihl Saw all day at those times?

It's a pretty extreme example, but as I mentioned earlier, it's all to do with reasonableness - someone wallpapering etc is not an issue - is it?
#29
restrictions on sunday like sunday trading laws are to do with christian religion

and lmao at diy to be limited sundays ........or else action will be taken:lol:
#30
casparwhite
restrictions on sunday like sunday trading laws are to do with christian religion

and lmao at diy to be limited sundays ........or else action will be taken:lol:


Why do you even bother?:whistling::roll:

Random link:

http://www.ealing.gov.uk/services/environment/pollution/noise_pollution/DIY_noise/
#31
moob


random link that youve searched for.....btw that is a recommendation not enforceable

http://www.environmental-protection.org.uk/noise/environmental-noise/noise-pollution/

op follow the appropriate steps from the link

How do I complain about noise nuisance?

1. Tackle the Source
First, approach whoever is responsible for the noise. They will often not realise they are disturbing you. The majority of noise complaints are resolved informally, and you may well get a quicker result than if you wait for an official to arrive. In cases where you might feel threatened, or where previous personal approaches have not worked, go to your local authority.

2. Complain to the Local Authority
Contact the environmental health department of your local authority. They must investigate your complaint. If they agree that the noise is a nuisance they will contact the offender – informally at first, but with an abatement notice if necessary. If the offender fails to comply with the notice, proceedings can be taken in the Magistrates Court (Sheriff Court in Scotland) or an injunction sought in the High Court.

3. Mediation
Many areas have mediation services who can help you resolve noise disputes. Again, this may often prove quicker than the legislative route, and is useful where there is a problem, but a statutory nuisance cannot be proved. Your local authority should be able to put you in touch with a mediation service if there is one available in your area.

If these fail…

1. Complain Direct to Magistrates
As an occupier of premises affected by noise nuisance you can complain directly to the Magistrates Court under section 82 of the Environmental Protection Act 1990. You may do this because you do not wish to involve the local authority or because you have not obtained satisfaction from them.

2. Take Civil Action
Civil action can be taken if you demonstrate that the noise nuisance substantially affects your health, comfort or convenience. It can be expensive and it is wise to seek legal advice. If you win the case you will obtain an injunction to stop the nuisance and can sometimes claim damages. Civil action differs from Magistrate/Sheriff Court proceedings in that judgment is based on how the nuisance affects others.

Proving that the 'best practicable means" have been used to abate the noise is no defence, except in cases involving noise from trade or business premises.

In extreme cases…

Neighbour noise can be part of a more serious neighbour problem. Under the Housing Act 1996 social landlords can take action against tenants for anti-social behaviour. The Crime and Disorder Act 1998 gives councils the power to issue an anti-social behaviour order to anyone causing "harassment, alarm or distress" – this can include noise. Disobeying an order carries a prison sentence of up to five years.
#32
tinkerbell28
Good for you, she not at school then? Mine were the same until school so they are used to being up by 7 to prepare for school that's their body clock, you'll learn:thumbsup:


lol thats so true! My son was great up till he had a proper routine ie. nursery, school and even now age 11 he is up early at the weekend

OP ur just tired and feeling bit grumpy - and taking it out on your neighbour! Once you have a wee sleep yourself you will be fine!
#33
casparwhite
random link that youve searched for.....btw that is a recommendation not enforceable

http://www.environmental-protection.org.uk/noise/environmental-noise/noise-pollution/


You better tell that to Ealing Council then, and every other authority in the land.

If a noise complaint is registered with the council about DIY noise, a noise abatement notice may be served after officers have witnessed the nuisance. Failure to comply with the notice may lead to seizure of noise-making equipment and/or a fine.


Have a browse through the rest.

http://www.google.co.uk/#hl=en&q=diy+noise+pollution&aq=5&aqi=g10&aql=&oq=diy+noise&gs_rfai=&fp=ba981900bbe6be78

Perhaps one day you'll talk about something you're knowledgeable in.
#34
tinkerbell28
Good for you, she not at school then?


Yes she's at school, wake her up at 8, clean, feed, dress, brush and out. weekends she wakes herself so anything between 8-9 mostly, if I am lucky nearer 10.

I am finally starting to like my neighbour better, if only becuase he's not moob
#35
moob
You better tell that to Ealing Council then, and every other authority in the land.



Have a browse through the rest.

http://www.google.co.uk/#hl=en&q=diy+noise+pollution&aq=5&aqi=g10&aql=&oq=diy+noise&gs_rfai=&fp=ba981900bbe6be78

Perhaps one day you'll talk about something you're knowledgeable in.


ok ill entertain you for a while.....

which law/bye law would this come under and do you have any cases you can link to?

why have you linked me to a list of councils that dont agree with what you say?
#36
casparwhite
ok ill entertain you for a while.....

which law/bye law would this come under and do you have any cases you can link to?

why have you linked me to a list of councils that dont agree with what you say?


Why don't you just read the links - fairly well explained.
#37
moob
Why don't you just read the links - fairly well explained.


ive read the links they are just about how to complain about noise polution.....no laws/bye laws saying you are not allowed to do diy on sundays

only suggestions on how to make an ideal neighbourhood:)
#38
You haven't read very well then. It doesn't mention any specific day, as it pertains to every day.

Even in your own link (after you claim it's unenforceable) there is a statement about prosecution for not adhering to a Notice.

2. Complain to the Local Authority
Contact the environmental health department of your local authority. They must investigate your complaint. If they agree that the noise is a nuisance they will contact the offender – informally at first, but with an abatement notice if necessary. If the offender fails to comply with the notice, proceedings can be taken in the Magistrates Court (Sheriff Court in Scotland) or an injunction sought in the High Court.


From the very 1st link:

Noise from neighbours can annoy, cause stress and affect the quality of life of residents. This information aims to help you carry out DIY with minimum disruption to others. Disturbance from DIY building and decorating can be minimised by keeping noisy activities such as hammering, drilling and using power tools to reasonable hours.

It is recommended that noisier activities are restricted to 8am-6pm on weekdays, 9am-1pm on Saturday and not at all on Sundays.

It is now possible to hire more professional equipment such as pneumatic hammers, cement mixers, large power saws and planers, compressors, generators. Using this powerful type of equipment needs more consideration, as it is identical to that used by professional builders and can be very noisy.

It is also important that you make sure the machinery you are using is able to cope with the amount and intensity of work you are doing.

Working practices
Party walls and floors
Work on a party wall, which is a wall dividing two properties, or floor between properties can make surprising amounts of noise. Work such as wallpaper stripping or wall preparation can sound very loudly to a neighbour. Similarly, work on the floor, such as plumbing, rewiring and sanding, can be very loud downstairs.

If a noise complaint is registered with the council about DIY noise, a noise abatement notice may be served after officers have witnessed the nuisance. Failure to comply with the notice may lead to seizure of noise-making equipment and/or a fine.


I'm looking after my son at the moment, so you'll have to find someone else to listen to your trolling.
#39
i know what it "pertains" to, but im not the 1 saying there are restrictions for doing diy on saturdays and that you arent allowed to do them at all on sundays.

apparently youve studied law case studies.....can you link them please or even tell me which law?

you are now going on about how to report a nuisance noise on any day........this was not in question. ive already posted how to go about doing that:)

like i said your "first"(and only) link is suggestions on how to make an ideal neighbourhood and not upset your neighbours.
#40
the op has had today only as a problem cos of their child and suddenly its like gang warfare on going to the council, taking them to court, complaining to the neighbour - jesus im glad none of you are my neighbours - let the person get on with their work if it happens again and again then do something about it but not for a 'one off'

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