Wednesday, 25 Dec 2024

Urgent warning as your Christmas lights could land you with a £5,000 fine

“Ding dong merrily on high,” goes the Christmas carol. But don’t do it too loudly! At least that’s the advice from a top legal expert who has revealed that excess noise and light laws also cover your festive decorations.

And Matthew Cotton, who is senior associate at Hedges Law and a specialist in dispute resolution, explains that if you do fall foul of the rules you could be in for a £5000 fine. Here he exclusively reveals to Express.co.uk the rules you’d be daft to ignore over Christmas.

He said: “The Environmental Protection Act 1990 gives power to local authorities to investigate complaints about light nuisance, consider any concerns relating to the safety of light decorations, and disruptions to neighbouring properties such as excessive noise.

“Factors that will be taken into account include the locality of the nuisance, the frequency and duration, and the time at which the nuisance occurs.”

And it’s neighbours who are likely to raise a complaint with the local authority – particularly if our lights or other decorations are interfering with the enjoyment of their home.

He said: “A local authority can consider whether Christmas lights and music unreasonably and substantially interfere with the use or enjoyment of another home or premises and whether they are causing or likely to cause an injury to health.

“If so, the homeowner may face a noise abatement order, they could be forced to remove the lights or music through an injunction, and they could receive a fine.”

He added: “Alternatively, property owners can also pursue a claim based on common law nuisance if they can demonstrate that the other party’s actions have caused a substantial and unreasonable interference with the use or enjoyment of their land or property. The property owner can seek an injunction to stop or prevent the nuisance, and monetary damages.”

And it’s not just a slap on the wrist that homeowners could be given – as he also explains that ignoring the rules could mean a very hefty fine.

He said: “If found guilty of a statutory nuisance, a fine may be imposed of a maximum £5,000 for domestic premises together with a daily penalty of £500 maximum for as long as the nuisance continues; or £20,000 for commercial premises.

“An additional enforcement option may also available under the Noise Act 1996 which provides for the control of noise between the hours of 11pm and 7am from domestic and licensed premises in some localities.

“If noise exceeds a permitted level, a fixed penalty notice (FPN) can be served giving the chance to pay a fine (up to £110 for dwellings and £500 for licensed premises) within 14 days, instead of being prosecuted.

“If found guilty upon prosecution, this can lead to a fine of up to £1,000 for dwellings and an unlimited amount for licensed premises.”

Matthew advised everyone to keep their neighbours in mind when decorating your home for Christmas.

He added: “We advise everyone to consider your neighbour’s perspective, if they may have concerns about light or noise nuisance and talk to them before installing a bright light or sound display.

“Using a timer or adjusting lighting options to control the intensity of your Christmas lights, or if you are arranging a Christmas party, be considerate about the volume and time of night it is to be held and tell your guests to be considerate of your neighbours.

“Lastly, always check with your local authority for specific regulations or permits/licences.”

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