Construction noise nuisance claim

We obtained a successful settlement for a client experiencing noise nuisance and loss of sleep due to major construction work near their home.

Our client was suffering from severe disturbance from the noise of a large-scale construction project near their property which was expected to continue over several years. The noise involved a significant amount of nightworks and was having a continuous impact on our client’s ability to sleep.

The project had been granted advance consent by the local authority under the Control of Pollution Act 1974, but our client alleged that the conditions of the consent were not being complied with.

We started a claim of statutory nuisance in the Magistrates’ Court under s 82 of the Environmental Protection Act 1990.  We arranged for expert monitoring of the noise, and the expert considered that the project was not complying with the noise conditions and had the clear potential to have severe effects on our client’s ability to sleep.

Following negotiations our client was able to achieve a financial settlement of the claim to provide compensation for living through the nuisance, the ability to relocate for the remainder of the project, and payment of legal and expert fees. The client was also provided with emergency accommodation while the negotiations were completed.

The case shows how those carrying out noisy projects may pay compensation and/or relocation costs for construction work if appropriate, essentially if it is unreasonable to expect a neighbour to put up with what is going on. You are expected to tolerate “the builders next door”, and it is quite a high bar to succeed in nuisance, but it is perfectly possible in the right circumstances. Prospects of success will depend on many factors, such as the levels of noise, when they are carried out, and how long they go on for.