I live in a housing development with a shared residents’ car park behind our property.
A neighbour has recently bought a classic 1970s Ferrari and uses it on a daily basis, often leaving home very early in the morning and returning late at night.
The car is so loud that it makes our windows rattle. And because it’s a classic, he has to leave the car idling for five minutes to let the engine come up to temperature, which is impossible to sleep through.
What are our options to get the noise stopped?
Seeing red: A This is Money reader is fed up of the noise coming from his neighbour’s car
Jane Denton, of This is Money, replies: While there is no law stopping your neighbour from owning a 1970s classic Ferrari, he cannot make as much noise as he wants with it to the point it makes other people’s lives a misery.
You have told me that the Ferrari is not your neighbour’s only car. He or she also has a ‘sporty roadster’, which also makes too much noise.
You have stressed to me that the noise coming from the Ferrari is happening persistently and often at antisocial times. It makes the windows in your home rattle and is keeping you up at night.
It will come as little surprise to you that I suggest the best way of resolving this issue would be to have a calm conversation with your neighbour, stating clearing how the noise is affecting you and your family. A letter setting out the problem could also do the trick.
If a conversation or written note fails to make any difference, you will need to contact your local council’s environmental health team. To get them to take any notice of your complaint, you will need to be sure the noise you are complaining about constitutes what is known as a statutory nuisance.
Keep detailed notes about the dates and times the noise is occurring, as well as the nature and duration of the noise.
Getting bogged down in a full-blown legal claim would probably be more expensive, stressful and time-consuming than you imagine. I asked two solicitors for their thoughts on your case.
Manjinder Atwal is a director of housing and property litigation at Duncan Lewis Solicitors
Manjinder Atwal, a director of housing and property litigation at Duncan Lewis Solicitors, says: Excessive noise like this can be extremely disruptive, particularly where it affects sleep.
The law does offer protection, but the steps need to be approached in the right order.
The first question is whether this amounts to a ‘statutory nuisance’.
Noise can fall into this category if it is frequent, excessive, and unreasonably interferes with the use and enjoyment of your home.
Early morning or late-night disturbance, especially on a regular basis, is far more likely to meet that threshold.
Your first step should usually be to try and resolve matters informally.
A calm conversation with your neighbour is the best way to start tackling these sorts of issues, as it may be that they are unaware of how disruptive the noise is.
Unfortunately, given the nature of the vehicle and the pattern you describe, that may not resolve the issue.
If the problem persists, you should contact your local council’s environmental health team.
Councils have powers to investigate noise complaints. In the first instance, they may ask you to keep a diary of incidents or install monitoring equipment. They may also visit the neighour and give them a warning.
If it is agreed the noise amounts to a statutory nuisance, they can issue an abatement notice requiring your neighbour to reduce the noise. Breaching that notice can lead to fines.
It is worth noting that even if the car itself is road legal, that does not give the owner free rein to create excessive disturbance, particularly at unsociable hours or by leaving the engine idling unnecessarily.
You should also check whether there are any rules affecting the car park.
If the space is governed by a lease or management company, there may be restrictions around nuisance, noise, or use of vehicles. A breach of those terms could give rise to further action through the managing agent or freeholder.
As a last resort, you could consider a private nuisance claim through the courts. This can result in an injunction to restrict the behaviour, but it can be costly and time-consuming, so it is usually not the first option.
In short, keep a clear record of the disturbance, report it to the council if it continues, and explore whether any property rules apply.
The law does not prevent someone owning a classic car, but it does require them to use it in a way that does not unreasonably disturb their neighbours.
Joanne Ellis is a partner and dispute resolution specialist at Stephensons
Joanna Ellis, a partner at Stephensons Solicitors LLP, says: Loud noise from cars and motorbikes can be incredibly frustrating, especially when it disrupts your sleep and the enjoyment of your home.
In England and Wales, there is no blanket ban on noisy vehicles in residential areas or private car parks, such as the one on your development, but there are rules about noise that unreasonably interferes with everyday life.
This would fall under what is known as a legal ‘nuisance’, covering noise which is excessive, persistent and disruptive.
While classic cars are not expected to meet the same noise limits as brand new vehicles, they are not exempt from nuisance laws.
In simple terms, if it is unreasonably loud, happens regularly, and occurs at antisocial times, it can still be treated as a problem.
The first and often most effective step is a calm, polite conversation with the car’s owner, if that feels safe and appropriate.
Many people do not realise how far sound travels at night or how disruptive it is to others. Explaining that the engine noise and prolonged idling are disturbing sleep may be enough to prompt a change.
If that is not successful in resolving the issue, you can approach your local council and their environmental health team.
It would be beneficial if you kept a log of the disturbance, including the time and date of the incidents, as well an indication of how long the noise lasts and its impact.
This will help demonstrate this is an ongoing issue and strengthens your arm when approaching the council, who will investigate further.
