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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a complaint about noise from a new building

Resolved Question:

I have a complaint about noise from a new building development? The noise occurs from 7:40am until 6:15pm Monday- Friday. The noise is from heavy building machinery and from rock breaking and prevents me from even opening windows on a summer's day or from enjoying my garden. In addition, I am a self employed dyslexia tutor/assessor. I work from home and my pupils are complaining of being unable to concentrate. Conducting a four hour dyslexia assessment session in my home environment is no longer possible because of the nise disturbance. Can I take this further at court?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Have you complained to the Council at all please?

If so, what have they said?
Alex

Customer: replied 1 year ago.
They say the building work has been passed but that despite being told to use additional equipment to 'muffle' the extreme noise, they persist. Council has also asked that they only use certain noisy equipment between 8;30 -16:00, the builders persist!
Expert:  Ash replied 1 year ago.

Have they installed noise monitoring equipment?

Customer: replied 1 year ago.
No. I telephoned last Friday to request they install noise monitoring equipment at my premises and no-one was in the office. Today I'm told the man in charge of noise disturbance is on leave until Thursday. I will certainly be calling again to request some.This noise has been going on now for 5 weeks. Might I have a case to pursue? Or is it too early to say?
Expert:  Ash replied 1 year ago.

You may have a case but you need noise monitoring equipment. Without that if you took it to Court a Judge would ask where is the evidence? You would say you have a witness statement, but a Judge will say how do I know what level it was?
The Judge will need independent evidence to show what the noise is and how often it is happening.

Therefore before any case can proceed you need this noise recording levels evidence.

Once you have that, then yes you may well have a claim. But you cant bring a claim until you have this evidence.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Is there anything else I should be doing (ie. videoing from my phone) in the meantime?
Expert:  Ash replied 1 year ago.

You can video, but sadly that does not show noise levels. A Judge will need some indication of levels for evidence.

Does that clarify? Alex

Customer: replied 1 year ago.
but I was also thinking about the proximity of all this building work to my own house. You can actually feel the vibrations of the rock hammer drill, I can only imagine what it's doing to the foundations of my house.
Expert:  Ash replied 1 year ago.

Yes you can certainly get it to show that. If you are concerned about foundations you may have to get a buildings survey if you think damage has been done

Does that clarify? Alex

Customer: replied 1 year ago.
What are my next steps once I have the noise monitoring equipment installed?
Expert:  Ash replied 1 year ago.

Get the readings, issue a letter before action and then sue.

Does that clarify? Alex

Customer: replied 1 year ago.
Issue a letter? Stating what? That I have been subjected to noise levels of XXX between X dates as monitored by the equipment. It has detrimentally affected both my personal and working life and I find it wholly unacceptable. I do feel some compensation is due?
Expert:  Ash replied 1 year ago.

Yes I agree. But the Civil Procedure Rules require that you send a letter before action. That is a requirement of the civil Courts.

Does that clarify? Alex

Customer: replied 1 year ago.
Over what approximate period of time do you think the noise monitoring equipment would be required?
Is there a cost that I would have to pay to take such action?
What is the procedure?
Expert:  Ash replied 1 year ago.

Probably 2 weeks. Yes there is a cost.

County Court fees are listed here. You will see there is a hearing fee and issue fee.

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

The Court issues a claim they either admit or deny it. If its admitted the Court decides how much you will get. If its denied then there is a trial and you have to prove there was a noise nuisance etc, which is where the equipment readings come in.

It would need to be over a couple of weeks the evidence.

Alex

Customer: replied 1 year ago.
this information is valid for courts in Northern Ireland?
Do I need to contact a solicitor or can I do this independently?
Expert:  Ash replied 1 year ago.

Yes although the Court fees may be different.

https://www.courtsni.gov.uk/en-GB/Services/CourtFees/Pages/CourtFees.aspx

You can do this yourself but really you should get a Solicitor to do this for you.

If the claim is over £3000 its not a small claim and you would be liable for the legal fees of the other side if you lose.

Does that clarify?
Alex

Customer: replied 1 year ago.
If I need to contact you again, is there another fee payable?
Expert:  Ash replied 1 year ago.

If its related to the same question, no

If its a new question on procedure or something else, then yes.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Alex. I do appreciate you help.
Heather
Expert:  Ash replied 1 year ago.

And I appreciate your question Heather. Good luck