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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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HII LEAVE IN PROPERTY 25% FLATS AND 75% OFFICE AND LANDLORD

Customer Question

HI I LEAVE IN PROPERTY 25% FLATS AND 75% OFFICE AND LANDLORD TO TO CONVERT 75% BUILDING TO FLATS, THEY START WORK THE NOISE IS UN BEARABLE MY IS VERY SICK OLD WOMEN SHE HAVE STRONG BONE ARTHRITIS AS SHE COULD NOT PART DURING THE NIGHT SHE GET LATE IN MORNING ABOUT MID DAY THE NOISE IS SO HIGH OF DRILLING AND BANNING, THE COUNCIL OF WEST MINSTER SEEM GAVE PERMISSION TO MAKE WHAT THEY LIKE FROM 8 AM TO 6 PM HOW I BE PROTECT UNDER THIS GREAT UNBEARABLE FOR OLD AND SICK PEOPLE ARE WE PROTECTED BY EU HUMAN RIGHT PLEASE ADVIS S.XXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Just to clarify, the work is carried out between 8am and 6pm? How long has this been going on for? Were you notified of their intention to build prior to them beginning the work?
Customer: replied 3 years ago.

IT HAVE BEING GOING NEARLY 2 WEEKS AND AS THEY ARE GOING TO REBUILD 6 NEW FLATS INSTEAD OF OFFICE THEY BANNING THE WALLS AND DRILLING ALL THE WALLS OF THE OLD OFFICE THEY IT WILL TAKE 8 WEEK AND THEY WILL START AGAIN TO REBUILD THE SIX FLATS WHICH MORE BANNING AND DRILLING MAY BE IT WILL TAKE 8/12 MONTHS TO FINISH

Expert:  Stuart J replied 3 years ago.


There is no definitive answer
to this but I will try to assist you.

I will give some examples. It is actually illegal to sound a car
horn between the hours of 11:30 PM and 7 AM although the sounding of a car horn
is not continuous. Even a beep between those prohibited

hours is an offence.



At any other time, if it was sounded continually it then becomes
nuisance.



The noise of jackhammers
from next door comes into the same bracket. There is no statutory period
however when it is illegal to make this kind of noise.



Under the circumstances, it is whatever is reasonable. There are
several elements to this

being reasonable.



1

How long it is going to continue for in the number of days/weeks



2

how long it continues for each day during that time



3

the hours that it happens during.



 



It is impossible to do some work without making some noise. It
would not be

unreasonable if they did not make continual noise say before 8 AM or after 8 PM.



However if the noise was continual between 8 AM and 8 PM that
would be unreasonable.



So really comes down to what is reasonable in the circumstances.



I think 9 PM is unreasonable. However I also think that from 9 AM
until 9 PM continually every day is also unreasonable.



There are some exact figures:
Between 7AM and 7PM its 41dB, between 7PM and 11PM its 37dB and from 11PM to
7AM its 31dB , however it is a little more complicated than that as those
figures are usually taken from within your home and need to be sustained at
those levels for a period of time. Readings must be taken by someone who is qualified to do so



The equipment is expensive so
leave it to the Env Health dept at the council.



If the noise is deliberate then an anti-social behaviour order (ASBO) can be
issued to the offender They will also incur fixed penalty fines in the process.


30 - 40 dB is no louder than whispering but it needs to be continuous on an
Environmental health officers equipment (i.e 1 second bursts of a car horn
would not suffice (though this is still an offence after 11PM or before 7am in
a built up area) but an uninterrupted bass line in music...boom, boom, boom,
boom, would)



Ultimately, if you don't want to bring court proceedings, you can
raise the issue with the

Environmental Health Department at the Council who can have a quiet word with

them and tell them to keep it between certain hours or they can issue them with

a noise abatement notice



Does that answer the question? Can I assist further?



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Regards.



PS Experts on here are online and off-line all day each day and weekends
so please bear with me if I do not get back to you immediately.





 



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