Tuesday, May 25, 2010

I'm a musician- noise pollution law in domestic buildings?

Basically I'm a student and musician. I will be moving into a privately leased flat in a month.
I am in band and so I will need to practice, both at home and at band. I plan simply to practice within my room, during afternoons and at the weekend.
However the block of flats consists of 9 other flats and so noise pollution may be an issue.
What is the current noise pollution law relating to houses and domestic settings?
Answers:
if you get a complaint to the councils environmental health dept they will visit you and ask you to stop or reduce the noise levels as well as informing your landlord who may also do the same,,,if you carry on they will visit again and warn you of legal action may take place if you persist as will the landlord,,a third visit could involve eviction by the landlord and noise monitoring or a noise abatement order,,,further breaches will involve a court appearance,,,
You have to remember that some of your new neighbours may be elderly or on shift work which could involve a violent encounter...the best thing to do is just respect others peace and quiet and find another venue to practise
Your location would be a helpful bit of data.
It's good of you to be considerate, though, in any event.
If you get a complaint from a neighbour, the Environmental Health will deal with it, firstly with a warning then a summons.
I don't know the term "noise polluation" or what it means but I will try and help.
If you make noise which affects the other residents you can be sued for being a "private nuisance". This would be my means, usually, by what is known as an "injunction". It would state that you should not practice your music playing anymore at a particular time etc. Failing to comply can lead to imprisonment or fine.
However, a claimant would have to show that the sound affected them to a reasonable standard. If the sound you made was acceptable to most other people then they would have no claim (and would hardly be likely to take things to court in the first place!)
Hope this helps!
Any music from your house that can be heard in your neighbours house can be considered noise pollution and if your neighbours complain then the local constabulary %26 noise pollution people from your local council can take your music equipment away..so go practice some where else
Not sure but I'm damn glad I am not your next door neighbour . It depends on Db readings. The Police will certainly pay you a visit if your music is deemed too loud
Have a look at your lease, it should have some guidelines about noise, e.g. not after 10pm. I think basic common sense is the best way to go about these things. You don't say what instrument you play, if it's a guitar make sure you play acoustic in the flat, same with keyboard. If you play the drums, you could become very unpopular very quickly!! Is there nowhere else you could practice, e.g. a friend's garage or shed?
Depending on where you live, you may have every right to make as much noise as you want from 9 in the morning until 9 at night (0900-2100 hrs).
Courtesy is the big thing here. Tell your neighbors who you are and of your plans to reherse. Tell them you plan to stop playing at 9 o'clock (or whenever the noise curfew is in your city) and give them a way to contact you if they feel you are being too loud. Do not use amps unless you must and even then turn them to the lowest setting. Use mutes on your horns and pads on the drums. Be polite to your neighbors-if they start complaining to your landlord, you will be evicted before any of them.
In England, a certain amount of 'reasonable' noise is allowed. The maxim is that whetever activities one carries out in ones own home should not 'deprive others of the enjoyment of their own home/property' . This works both ways - if you play music and disturb me, then you are at fault, but if you play music at a reasonable time of day and at a reasonable volume, then a complaint from me would not be entertained, as we are all entitled to make a bit of a din, and I would be depriving you of the enjoyment of your property if I isisted that you lived in monastic silence.
A bit of common sense needs to be applied. If you are an electric guitarist, then playing through a 5 watt practice amplifier would be reasonable. Playing through a stage Carlsboro or Marshall amp in a domestic setting is simply not on.
You will also need to demonstrate consideration for your neighbours. I had a go at my neighbour today because he let his daughter play a Rod Stewart album quite loudly with the windows open. We had to shut our window to keep the noise out. The status quo is silence, or as near to silence as is reasonably possible, so if you intend to breach the status quo, then you should take all attempts to minimise your disturbance - i.e. keep the window closed.
You should visit all your neighbours, explain what you intend to do, pick the best possible time to practice in accordance with their wishes, and get on with it. Remenber, though, this can be dodgy - morning practice is out if a neighbour works nights, afternoon practice is out if a neighbour works early shift ( an afternoons kip is often needed), and evening practice is taboo at all times, as people have young kids who need to sleep, and others are entitled to their dinner and their evening entertainment with minimal disturbance.
Perhaps the best plan is to practice from 5pm until 6pm - night shift workers will be up, early shift workers will have had their afternoon kip and toddlers will not yet be in bed.
Finally, you must realise that you are the odd one out- possibly creating noise that is not appropriate in a domestic setting, so I'd advise you to tread warily.

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