Can You Sue For Construction Noise

Construction is a vital part of our society, but it can also be a source of significant disruption, particularly due to noise pollution. While some level of noise is inevitable during construction activities, excessive or unreasonable noise can negatively impact your quality of life and potentially amount to a legal nuisance. In this article, Can You Sue For Construction Noise, we will delve deeper into the subject.

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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of construction and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

What is Nuisance in Construction?

In legal terms, nuisance refers to unreasonable interference with your enjoyment of your property. Construction noise can be considered a nuisance if it:

• Is excessive in volume or duration: This is subjective and depends on factors like the type of construction, time of day, and local context.
• Unreasonably interferes with your use and enjoyment of your property: The noise should be beyond what a reasonable person would consider tolerable in the circumstances.
• Causes significant distress or inconvenience: The noise level should disrupt your daily activities, sleep patterns, or mental well-being to a substantial degree.

Important Considerations

Several factors influence whether construction noise constitutes actionable nuisance:

• Location of the construction site: Noise from a major infrastructure project is likely to be tolerated more than noise from a small renovation next door.
• Time of day and duration of noise: Night-time construction is generally more disruptive than daytime work. Similarly, continuous noise for weeks is more likely to be a nuisance than short bursts of activity.
• Existing noise levels in the area: If you live in a busy city centre, a higher baseline noise level might be considered when determining what’s unreasonable.
• Measures taken to control noise: Is the construction company following best practices to minimise noise pollution, such as using noise-reducing equipment or working within permitted hours?

Taking Action Against Construction Noise

If the construction noise is causing a significant disturbance, there are several steps you can take:

• Talk to the construction company: A polite and open conversation with the site manager might be enough to find a solution, such as adjusting working hours or implementing additional noise control measures.
• Complain to your local council: Your local council has a duty to investigate noise complaints. They can measure noise levels and potentially issue enforcement notices if they find the noise to be unreasonable.
• Consider mediation: Mediation can be a helpful way to resolve the issue amicably with the help of a neutral third party.

Can You Sue for Construction Noise?

While suing for construction noise might seem like a last resort, it can be an option in certain situations. However, it’s important to understand the complexities involved:

• The legal threshold is high: Proving that the noise is unreasonable and causing significant distress can be challenging.
• The cost of litigation: Legal fees can be substantial, and there’s no guarantee you will win the case.
• The potential for strained relationships: Suing your neighbours or a local business can create lasting tension within the community.

Blackstone Solicitors: Your Partner in Addressing Construction Noise Issues

Blackstone Solicitors can assist you in dealing with disruptive noise from construction projects:

• Assessing the merits of your case: We can evaluate the situation and advise you on the likelihood of a successful noise nuisance claim.
• Communication and negotiation: We can help you communicate effectively with the construction company or your local council to find a solution.
• Mediation services: We can guide you through the mediation process to find a mutually agreeable resolution.
• Litigation expertise: If legal action is necessary, our experienced lawyers can represent you in court to pursue compensation for the inconvenience caused by unreasonable noise.

Conclusion

Construction noise is a reality, but it doesn’t have to significantly disrupt your life. By understanding your rights and seeking guidance from Blackstone Solicitors, you can explore various options to address the issue and find a solution that minimises the impact on your well-being.

How we can help

We have a proven track-record of helping clients deal with the legal implications of construction. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner and support and advise you with all the negotiations. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

Please click here to find out more about our construction legal services.

How to Contact our Construction Solicitors

It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.

To speak to our Construction solicitors today, simply call us on 0345 901 0445 , or allow a member of the team to get back to you by filling in our online contact form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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