Public Health - Noise
Noise Complaints
About Noise
Noise is part of everyday life, but it can become a problem when it is too loud, happens too often, or occurs at unreasonable times. Unwanted noise can affect people's wellbeing and quality of life.
The way we deal with a noise complaint depends on where the noise is coming from.
Noise We Can Investigate
Environmental Health can investigate certain types of noise to decide whether they amount to a statutory nuisance.
Agricultural Activities
This includes noise from farming activities, such as bird scarers.
Farmers should follow the National Farmers Union (NFU) Code of Practice, which recommends that bird scarers:
Are not used before 7:00am if they are within 200 metres of homes or other noise-sensitive buildings.
Are not used before 6:00am in other locations.
Are not used after 10:00pm.
Are positioned away from neighbouring properties where possible.
Use noise-reducing measures where appropriate.
Domestic Animal Noise
This includes noise from animals such as:
Dogs
Cockerels
Peacocks
Other domestic animals
We can investigate complaints, but it can be difficult to prove that animal noise amounts to a statutory nuisance.
You may also be able to take your own action through the courts under the Civic Government (Scotland) Act 1982.
For further advice, see our animal noise leaflet.
Commercial, Industrial and Licensed Premises
We can investigate noise from businesses, industry and licensed premises, including:
Ventilation systems
Air source heat pumps
Refrigeration units
Deliveries and site operations
Live or recorded music from pubs, clubs and entertainment venues
Fire and intruder alarms
Vehicle-mounted refrigeration units
Ice cream van chimes
Wind turbines
We may work with Planning and Licensing colleagues where appropriate.
Some large industrial premises are regulated by the Scottish Environment Protection Agency (SEPA). If this applies, and with your consent, we will pass your complaint to SEPA.
Construction and Demolition Works
Building work can be noisy, particularly when carried out close to homes.
The normal acceptable working hours in Moray are:
Day | Working Hours |
Monday to Friday | 8:00am to 7:00pm |
Saturday | 8:00am to 1:00pm |
Sunday and Bank Holidays No noisy work normally permitted
Work outside these hours may only be acceptable in emergencies or where it cannot be avoided.
The Council can use powers under the Control of Pollution Act 1974 to reduce noise from construction sites.
DIY and Home Improvement Work
If noise is coming from building work at a neighbouring property, we recommend speaking to the homeowner first. They may not be aware of the impact the work is having.
If this is not possible, or the issue continues, please contact us for advice.
How We Investigate Complaints
Before contacting us, we recommend that you:
Speak to the person or business responsible, where it is safe and appropriate to do so.
Keep a record of:
Dates
Times
Duration
Type of noise
How it affects you
This information helps us assess your complaint and decide what action may be appropriate.
Complaints We Cannot Investigate
We will not normally investigate:
Anonymous complaints.
Complaints where we need access to your property to assess the noise, but access is not provided.
Noise from Ministry of Defence (MOD) or Crown premises such as courts or prisons.
Children playing in school playgrounds or public play areas.
Children playing in their gardens.
Designing Out Noise
Environmental Health provides advice on planning applications where noise could affect nearby residents.
We may recommend planning conditions to reduce noise during both construction and operation. Where suitable noise controls cannot be achieved, we may recommend refusal of the application.
Noise We Do Not Deal With
The following types of noise are dealt with by other organisations.
Aircraft Noise
Civilian Aircraft
Contact the Civil Aviation Authority:
Telephone: 020 7379 7311
Online complaint form available through the CAA website
Military Aircraft
Contact the Ministry of Defence:
Telephone: 01780 417558
Email: lowflying@mod.uk
Buskers and Street Performers
Noise from busking and other street activities should be reported to Police Scotland by calling 101.
Domestic and Neighbour Noise
Environmental Health does not normally investigate general neighbour noise.
Music and Domestic Noise
Police Scotland have powers to deal with noise from:
Loud music
Televisions
Musical instruments
Parties
Other amplified sound equipment
Report ongoing issues to Police Scotland on 101.
Noise from Tenants
If the person causing the noise is a tenant, you should contact their landlord.
Moray Council Tenant
Contact Community Safety.
Housing Association Tenant
Contact the relevant housing association.
Private Tenant
Contact the landlord directly. Most private landlords can be found on the Scottish Landlord Register.
If you believe the landlord is not dealing with the issue appropriately, contact Environmental Health for advice.
Owner Occupier
Contact Community Safety.
Examples of Noise We Would Not Normally Investigate
A one-off party
Neighbours arguing
Lawnmowers used during the day
General garden machinery used reasonably
People walking around their home
Footsteps in flats
Babies crying
Everyday household living noise
Noise caused by poor sound insulation between properties
Please note: Moray Council has not adopted the noise provisions contained within Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004.
Firework Noise
Fireworks can generally be used between 7:00am and 11:00pm.
Later use is permitted on:
Bonfire Night (until midnight)
Chinese New Year (until 1:00am)
Diwali (until 1:00am)
New Year's Eve (until 1:00am)
Police Scotland enforce these regulations and can be contacted on 101.
Environmental Health does not normally investigate firework noise as it is usually short-term and often takes place during permitted hours.
Railway Noise
We cannot investigate noise from railway operations or railway maintenance works.
Contact Network Rail:
Telephone: 03557 114141
Road Traffic Noise
We cannot take action against general traffic noise.
Road Defects
Please report potholes or road defects through the Council's website.
Noisy Vehicles
Noise from modified vehicles or defective exhausts should be reported to Police Scotland on 101.
Vehicle-Mounted Equipment
Environmental Health can investigate noise from equipment mounted on vehicles, including:
Refrigeration units
Ice cream van chimes
Strategic Road and Rail Noise
The Scottish Government is responsible for monitoring and assessing overall road and rail noise levels across Scotland through strategic noise mapping.
Report a Noise Complaint
If you are unsure whether Environmental Health can help, please contact us and we will advise you on the most appropriate service or organisation to deal with your concern.