We have probably all experienced this situation - you're sitting at home, relaxing after a hard day, perhaps reading a book or watching a film with a cup of tea or a glass of wine to unwind, when a racket starts up from next door, and it completely disrupts your peace.
If it only happens once or very rarely, you might dismiss it as a necessary part of living in a community with your neighbours - after all, there are probably times when you are making a noise that might disrupt the peace and quiet for your neighbours. This is simply because complete silence and solitude are almost certainly unattainable in our fast-moving, loud world.
But if the noise is continuous or regular, particularly at antisocial times of the day, do you have the "right to quiet", the desire for that solace not to be upset by loud noise?
The answer is "yes" but to a point.
What is the right to quiet in UK property law?
Many homebuyers will be aware of the Right to Light that is the common law stipulation in England - this ensures that just over half your home is lit by natural light - but the "Right to Quiet" is something different and refers to noise levels.
As a property owner, you are entitled not to be disturbed in your own home, whether it is harassment from door-step sellers or neighbours, or excessive noise that is continuous or regular, or disproportionate noise at unreasonable hours.
The right to quiet enjoyment of the property is most usually associated with leasehold properties, where there will likely be a clause in the lease contract that underlines the tenant's right to quiet enjoyment of the property, without being disturbed by the landowner or any other tenants with a lease in the near vicinity - where it is not clearly stated, the law implies that this is the case.
This also means that the landlord must inform you if there is to be any work carried out on the property you are leasing or in any neighbouring properties which is likely to create noisy disruption.
For the freeholder, the situation is more opaque - for example, if your neighbours are making unacceptably loud noise continuously, especially at an unreasonable hour (for example, work on an extension before a certain time early in the morning, or raucous parties that regularly go on after eleven o'clock at night). There is nothing like the lease conditions that will apply for freeholders so needs to be managed differently.
How to enforce your right to quiet against noisy neighbours
For the leaseholder with a noisy neighbour or a disruptive landlord, the terms of the lease and the implications for the "right to quiet" can be brought up with the landlord and, if they don't or won't comply with a reasonable request, there are specialist lawyers who can take on your case.
In the case of the freeholder with regularly noisy neighbours, it is always best to try and resolve the problem amicably. Having a conversation with your neighbours might seal it as they might not be aware that they are causing such disruption, for example. If you can't resolve it through conciliatory methods, you can formally lodge a complaint about the noise nuisance to your local council, who will assess the situation and might apply a noise abatement order on your neighbours.
However, you should be aware that, when it comes to selling your property and you've had recourse to report the neighbours for any reason, this must be stated on the legal forms giving dates and the details of the issue - this gives your buyers an understanding of what living at the property is like and what issues might arise were they to buy it.
Right to quiet for tenants vs property owners: key differences
It's also worth pointing out that the law benefits the majority of the population, so, if you have different hours of waking - for example, if you regularly work night-shifts - there is less recourse for you to insist that the noise be kept to a low level. You might wish to talk to your neighbours about this so that they can make more considerate efforts to try to reduce the amount of noise they make.
And, if you are having work done, or are planning a party that's likely to go on late with loud music, it's always better to warn your neighbours - better still invite them - so that your relationship remains amicable.
No-one wants to have to go through the legal steps to get their "right to quiet", but it's there to ensure you have a reasonable chance of enjoying the property as you'd hoped and intended.
Noise issues when buying or selling property
When you're selling a property, you must fill in all of the requisite legal forms that give the information about the property, including the details of the boundaries and any legal disputes with neighbours over any matters that have been resolved or are still outstanding.
It is essential that you are clear and honest about this information, as anything that is incorrect or missed out will result in a delay in the completion of the transaction, or even force your buyer to pull out of purchasing your property.
When you are buying, your conveyancing solicitor will perform their searches with the Local Authority responsible for the area in which your property is located. From this, they will receive details of any issues that have been raised by your seller - or against them by their neighbours - and how they have been resolved, if they are not still open.
You will also receive the property information forms from your seller via your solicitor, which will give you the chance to raise any questions and issues you might have with any of the details that have been provided. If the searches or the questions you've raised result in further investigation, particularly in relation to any disputes with neighbours (how long, the severity, actions taken and so on), you have the right to pull out of the transaction (before exchange of contracts).
If noise issues arise during property transactions, specialist conveyancing solicitors can help navigate the legal implications and ensure all noise-related disputes are properly disclosed. For expert conveyancing services, contact Homeward Legal at .