A property lawyer has provided guidance on how to deal with disruptive neighbours, particularly regarding noise from hot tubs, and how to avoid causing complaints. The expert outlined the legal framework for addressing issues such as excessive noise, smoke, or damage from encroaching trees, which may constitute a legal nuisance if they interfere with your enjoyment of your land.
When Can You Complain?
Kate Fowler, Senior Associate Solicitor and property dispute specialist at BRM, explained to Platinum Spas that for a claim to succeed, the damage or interference must be substantial or unreasonable. She said: “Ultimately, this will be for the court to determine, and will involve a consideration of a number of different factors including location, time of occurrence, duration and frequency.”
Preventing Hot Tub Disputes
Fowler urged neighbours to try to avoid disputes before they start. She noted that while planning permission is usually not required for a hot tub itself, issues can arise if the property is listed or in a conservation area, or if decking, a gazebo, or other permanent structures are built around it. Installation can also cause disruption, such as needing access through neighbouring land or using cranes. She advised informing neighbours in advance and obtaining permission for access where necessary. Short-term works during daytime hours are unlikely to be considered a legal nuisance.
Ongoing use of a hot tub can lead to complaints. Noise from pumps, bubbles, music, or late-night use may amount to a nuisance if excessive or at unreasonable hours. Being considerate of neighbours, especially in the evenings and at weekends, can help avoid disputes.
What to Do If a Dispute Arises
Fowler recommended trying to resolve matters early through open and respectful communication, which can prevent escalation and preserve relationships. She stressed the importance of keeping detailed notes of discussions and conducting correspondence in writing. Preventative steps include obtaining legal advice on property boundaries, restrictive covenants, and planning requirements before starting work, as well as keeping neighbours informed of proposed works to address concerns early.
Legal Recourse for Hot Tub Noise
Councils have a duty to investigate Statutory Nuisances under the Environmental Protection Act 1990. If you have an ongoing problem, keep a diary and submit evidence through the council's website. The council may send an Environmental Health Officer or ask you to use a noise-recording app. If the noise is deemed a legal nuisance, the council serves a notice ordering the neighbour to stop. Breaching the notice can result in fines or seizure of equipment.
Noise complaints are generally a civil matter for the council, not the police. If you are planning to sell your home, you are legally required to disclose any formal disputes with neighbours to potential buyers, which is why informal resolution is often preferred.
