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Paul heads the Property Litigation team within the Commercial Litigation department in our Sheffield office.
He has considerable experience in all areas of Property Litigation, and has a particular focus on acting for clients who benefit from Legal Expense Insurance.
As this research shows, noise nuisance problems are one of the most common causes of arguments or disputes between neighbours. However, the impact that such issues can have should not be underestimated, as we have seen numerous cases when the health and wellbeing of property owners has been severely affected by enduring noise at all hours.
"Like with all neighbourly disputes, the primary approach to resolving the problem has to be sitting down with the person concerned to discuss the issue. While such steps can make those involved anxious, the large majority of disputes can be addressed by making the person aware and coming to an amicable conclusion.
"However, if that does not lead to a resolution, there are of course legal steps which can be taken on the matter. The first port of call would be to contact the Environmental Health Department of your local Council as, under the Environmental Protection Act 1990, noise emanating from premises which is considered to be having an impact on a person’s health can be deemed a statutory nuisance. A civil claim in nuisance could also be pursued by a homeowner, but they should seek legal advice before doing this.
"The local authority then has powers to serve a notice requiring that the noise is abated, with failure to comply leading to prosecution.
"Bear in mind that initiating legal action can prove time-consuming and complex, so such steps should not be taken until you have spoken to your neighbour at the earliest opportunity."
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