What to do if neighbours set off fireworks near your home – lawyers explain

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What to do if neighbours set off fireworks near your home – lawyers explain

What to do if neighbours set off fireworks near your home – lawyers explain (Image: Paul Fram Photography via Getty Images) Whether you refer to it as Guy Fawkes Night, Bonfire Night , or Firework Night, November 5 is no longer confined to a single day in many areas of the UK. With numerous events occurring between Halloween and Bonfire Night, you may encounter fireworks on multiple occasions. Residents can prepare for large community displays, such as the Cardiff Cooper's Fields and Swansea fireworks, but what options do you have for spontaneous displays staged by nearby neighbours? I encountered this situation myself on November 5, albeit at a reasonable hour of 5.30 pm, witnessing a rather spectacular fireworks display in an adjacent garden. The loud bangs filled the sky with brightness and colour, but I questioned whether I'd have enjoyed them as much had I had young children or pets at home. Setting off retail fireworks on private residential land is not inherently illegal in England and Wales, with the law allowing displays on almost any day of the year, provided that safety and curfew requirements are satisfied. I consulted solicitors and property specialists about what you can do if neighbours become a nuisance. Ensure our latest lifestyle headlines always appear at the top of your Google Search by making us a Preferred Source. Click here to activate or add us as Preferred Source in your Google search settings. Setting off fireworks at home is not without conditions. Andrew Twambley at Injury Lawyers 4u told Express.co.uk: "In England and Wales, fireworks can generally be used between 7am and 11pm, but on Bonfire Night the cut-off is extended to midnight." "This means anyone setting off fireworks after midnight could be breaking the law, even if they are doing so in their own back garden." Firework use is tightly regulated by the national curfew set out in Regulation 7 of the Fireworks Regulations 2004 (introduced under the Fireworks Act 2003). Fireworks in domestic gardens can be disruptive to pets, small children and vulnerable adults While occasional displays on traditional celebration days seldom cross the civil threshold, ongoing, repetitive noise or substantial smoke provides disgruntled neighbours with stronger grounds for complaint, according to Freeths Property Litigation lawyer Carly Fishwick:. "Noise from fireworks can constitute a private or statutory nuisance under the Environmental Protection Act 1990... For statutory nuisance, the local council can issue a noise abatement order, which, if breached, can result in a fine of up to £5,000." Under UK safety regulations, fireworks are legally classified as excessively loud once they exceed a statutory sound limit of 120 decibels, a level established to prevent industrial-scale disturbance in residential neighbourhoods. Property litigation lawyer Carly explained: "Fireworks which are permitted to be sold to the public are subject to a maximum noise level of 120 decibels." Fireworks should not be sold, purchased or possessed if they measure more than 120 decibels (Image: Oscarhill via Getty Images) Danielle Eley from Birketts LLP notes that Category F3 fireworks surpassing the permitted noise threshold of 120 decibels cannot legally be supplied, bought or held. It is also an offence to throw or ignite any firework in or into any highway, street or public area. Personal injury lawyer Andrew Twambley has stated that event organisers have a duty to clear up any debris left over from pyrotechnic displays. He said: "If someone trips over debris or is injured because an organiser or another responsible party has failed to clear a foreseeable hazard, there may be grounds for a personal injury claim." Danielle Eley, Senior Associate in the property disputes team at Birketts LLP, recommends keeping a detailed log of when nuisance fireworks are being set off and for how long, should the issue become persistent. R

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