Noise and nuisance

This page covers noise from neighbours and other sources, antisocial behaviour, busking and nuisance vehicles. If what you are dealing with amounts to a statutory nuisance, our statutory nuisance section has more information.

Domestic noise

Living in a neighbourhood means that neighbours sometimes disturb each other. There are no set times when loud noise is prohibited and no decibel limits — it all comes down to what is reasonable in the circumstances.

If you are disturbed by noise you think is unreasonable, you have a number of options.

How we investigate 

We will usually write to the person responsible to let them know we are looking into a noise complaint. This gives them the opportunity to review their behaviour. We will also ask you to keep diary sheets. The person responsible will be told this is happening. We will not share your name, but it may be obvious who has complained.

Abatement notices 

If we determine that noise amounts to a statutory nuisance, we will serve an abatement notice. Failure to comply is an offence and may result in work being carried out at the person's expense, a fixed penalty notice, or a report to the Procurator Fiscal. See our statutory nuisance section for more information.

Noise recordings 

Please do not send us noise recordings. We cannot use them as evidence unless they have been gathered in a specific way. If we need recordings, we will ask for them or collect them ourselves.

Taking your own action 

You can take independent action by complaining directly to the Sheriff Court under the following legislation:

• Environmental Protection Act 1990, section 82 — summary proceedings by persons aggrieved by a statutory nuisance
• Civic Government (Scotland) Act 1982, section 49 — noise from dogs or other animals causing alarm or annoyance

We recommend you contact the Clerk to the Sheriff's Court for advice and consider seeking your own legal advice. You can take this action whether or not you have complained to us, and even if we have decided that an abatement notice is not required.

Statutory nuisance

We will investigate complaints of statutory nuisance to determine whether an abatement notice should be served. Not everything qualifies — the list below is a general summary of what can be classed as a statutory nuisance. To meet the threshold, something must be unreasonable or injurious to health.

Types of statutory nuisance

• Premises in a state that is prejudicial to health or a nuisance
• Smoke emitted from premises so as to be prejudicial to health or a nuisance
• Fumes or gases emitted from domestic premises so as to be prejudicial to health or a nuisance
• Dust, steam, smell or other effluvia from industrial, trade or business premises that is prejudicial to health or a nuisance
• Any accumulation or deposit that is prejudicial to health or a nuisance
• Water covering land, or land covered with water, in a state that is prejudicial to health or a nuisance
• Any animal kept in a place or manner that is prejudicial to health or a nuisance
• Insects from premises that are prejudicial to health or a nuisance
• Artificial light from premises or a stationary object that is prejudicial to health or a nuisance
• Noise from premises that is prejudicial to health or a nuisance
• Noise from a vehicle, machinery or equipment in a road that is prejudicial to health or a nuisance
• Any other matter declared by law to be a statutory nuisance

Abatement notices 

If we determine that a statutory nuisance exists, we will serve an abatement notice. Failure to comply is an offence. We may then carry out the work ourselves and charge the person responsible, issue a fixed penalty notice, or submit a report to the Procurator Fiscal.

Reporting a statutory nuisance 

To report an alleged statutory nuisance, contact our environmental health team. You will need to tell us the location, a description of the nuisance, dates and times, and explain how it is affecting you. If we investigate, we may ask you to complete diary sheets, provide statements or supply other evidence.

Taking your own action 

You can take independent action for a statutory nuisance by making a complaint to the Sheriff under section 82 of the Environmental Protection Act 1990. Contact the Sheriff Clerk's office in the first instance, and consider seeking legal advice.

Antisocial behaviour

Antisocial behaviour is unreasonable behaviour that causes, or is likely to cause, alarm or distress.

Resolving issues informally often gives the best results. If it is safe to do so, we encourage you to speak directly to the person responsible — they may not be aware of the impact of their behaviour.

If you or the person responsible are tenants, contact the landlord in the first instance to see how they can help.

If you are the victim of a crime, contact Police Scotland.

The council has some limited powers in relation to genuinely antisocial behaviour. You can report it to our environmental health team, who may ask you to provide statements, diary sheets or other evidence to assist any investigation.

Busking

You do not need a licence to busk in Orkney, but you should take steps to make sure you are not causing a problem for residents and businesses.

Busking responsibly

• Busk between 9am and 9pm
• Play at a considerate volume — audible to passers-by, but not disruptive to nearby businesses and residents
• Move on to another spot at least 50 metres away after one hour, or sooner if needed
• Do not set up within 50 metres of another busker
• Do not spread out equipment that could get in the way of pedestrians
• Avoid busking near doorways or cash machines

If anyone complains about what you are doing, you should stop or move on. Refusing to move when asked by a Police Officer is an offence. Complaints about busking noise can be made to the police.

Nuisance vehicles

Vehicle owners have legal obligations to keep their ownership details up to date, comply with road traffic legislation, and dispose of end-of-life vehicles correctly. This includes "field cars" and "island cars". Failing to keep ownership details up to date can leave you liable for vehicles you believe you have scrapped or sold.