Noise-A Potential Housing Hazard: Reduction of Its Impact by Legal Options and Administrative Processes - Essay Example

Noise-A Potential Housing Hazard: Reduction of Its Impact by Legal Options and Administrative Processes 0 Introduction: Part one of the Housing Act 2004 introduces a new way of assessing the fitness of a property for human habitation. One of the stated intents of the Act is to improve the standards of properties. The bulk of the focus of the old system as per the Housing Act 1985 was looking at features of the property like lack of ventilation, damp etc whereas the new system has greater emphasis on the effects of things on the health and safety of the occupier. The Housing Health and Safety Rating System (HHSRS) assesses twenty-nine categories of housing hazard including factors which were not covered or covered inadequately by the housing fitness standard, by providing a rating for each hazard. Out of the twenty-nine categories 'noise' is one of the areas of consideration. According to the Guidance Notes for Landlords (2005) as such there is nothing structurally wrong with a property if it happens to be noisy and under the old scheme there was no provision to assess this hazard. But under the new scheme since excessive noise could be detrimental to the health of an occupier the impact will be suitably assessed and rated for finding out the fitness of the house for occupation. Thus it can be seen that noise is considered as a potential housing hazard. With this background this paper attempts to bring out a report which identifies the main sources and causes of environmental noise as a potential housing hazard and it also analyses various legal and administrative options available to reduce or minimize the impact the noise will have on the health of the occupier. 2.0 Noise as a Potential Health Hazard: An expert on noise, K.D. Kryter (1996) in his text Handbook of Hearing and the Effects of Noise, (New York Academic Press) defined noise as "acoustic signals which can negatively affect the physiological or psychological well-being of an individual." Basically, noise is unwanted sound. It is a pollutant and a hazard to human health and hearing. According to the American Speech-Language -Hearing Association article Noise and Hearing Loss 'Noise' in our environment affects physical heath; Noise also has psychological and social implications and affects our well being and quality of life; the most notable physical effect of noise exposure is loss of hearing. Noise Induced Hearing Loss (NIHL) affects children, adolescents, young adults, and older adults. Noise not only affects hearing. It affects other parts of the body and body systems. It is now known that noise: Increases blood pressure Has negative cardiovascular effects such as changing the way the heart beats Increases breathing rate Disturbs digestion Can cause an upset stomach or ulcer Can negatively impact a developing fetus, perhaps contributing to premature birth Makes it difficult to sleep, even after the noise stops Intensifies the effects of factors like drugs, alcohol, aging and carbon monoxide (Article Noise and Hearing Loss) 3.0 Sources and Causes of Environmental Noise as a Housing Hazard: The different sources that can create noise and thereby cause a health hazard are enumerated by the UK fact sheet created by Economic and Social Research Council. These sources are: Road Traffic, Aircraft, Neighbours, Trains, Building Construction or Road Works, Sports Events, Entertainment or Leisure, Farming or Agriculture, Factories or Works, Commercial Premises, Community buildings, Sea, River or Canal Traffic and any other noise which is of an unpleasant and unbearable nature. Of all these Road traffic was the most commonly identified noise category. These sources may be termed as 'Ambient Sources' which occur outside the dwelling place. There is the other kind of source which is known as Neighbour Noise and Neighbour noise includes amplified music, TV, dogs, voices, banging doors, children, intruder alarms, fireworks and laminates. According to the Economic and Social Research Council UK fact sheet some of the reasons for continued high level of noise complaints include: Higher expectation of quiet Inadequate sound insulation More powerful sound equipment Incompatible lifestyles with neighbours Selfish attitudes The Mayor's Ambient Noise Strategy summarises the factors responsible for the adverse effect of a noise on a human being as below: Absolute level of the noise; Margin by which the noise exceeds the background noise level; How continuous or intermittent the noise is; Nature of the noise, e.g. pitch, tonality, clatter, hum; Time of day, week and in some cases, year; Trends in local noise (e.g. is 'party night' getting louder each week); Perception as to whether or how far the noise is 'avoidable'; Responsiveness of the noise-maker to complaints; 'Reputation' of the noise-maker, including on matters wider than noise; Relationship of the noise with traffic congestion, air pollution, safety or other issues Economic and employment links between the recipient and the source (e.g. people may be more likely to think the noise is justified if they work there); Characteristics of the neighbourhood, including mix of uses, or types of housing and attitude of recipient to it; Activity engaged in by recipient and State of health of recipient. The main non-auditory health effects of different types of environmental noise exposures can be broadly classified as Community Reaction involving annoyance and nuisance, Sleep Disturbance, Mental Health effects and Physical Health Effects. Thus the different type of noises heard interferes with: Sleeping Resting Concentrating Having windows/doors open Reading or writing Listening to TV, radio or music Spending time in the garden Having a conversation including on telephone The noises also create emotional reactions like irritation, fed up, angry, unsafe, tired, stressed, upset, worried and frightened. (ESRC UK Fact Sheet) 4.0 Options Available for Eliminating or Minimising the Impact of Environmental Noise as Potential Housing Hazard: In order to reduce or minimize the environmental noise as a potential housing hazard there are various options available which need a careful evaluation. Some of the options represent a legal process while some other represents administrative processes. This part of the paper deals with the options available in this respect along with the relative merits and demerits. 4.1 Through Tenancy Agreements and Management Practice: One of the administrative processes by which the noise nuisance can be reduced is by including the noise nuisance in the tenancy agreements. While the creation of unreasonable levels of noise will be identified as a breach of the tenancy agreement and in case of an incident of the creation of the nuisance, management action in the form of a visit from a housing officer or a written warning may be resorted to. In an extreme situation the tenant may be subjected to legal action or ultimately eviction from the premises. It is doubtful whether this kind of approach will produce the desired result as it may tend to react only to particular circumstances and may also lead to unnecessary complaints. 4.2 Through the provision of 'Temporary Alternative Housing' In such cases where it is absolutely essential that someone is in need of a quiet atmosphere for health reasons, the provision of temporary alternative housing without any noise pollutions may be considered as an option. This is especially so when the respite is seen as intrinsically beneficial to the continued health and well being of the carer and permits him or her to re-engage with their caring responsibilities with renewed energy and application. However this option poses a difficulty in assessing the eligibility according to open and accountable criteria. Moreover it would be difficult to assess the costs in terms of demonstrable benefits. This kind of alternative arrangement may be suitable for a charitable trust or for the public sector. 4.3 Through The Regulatory Reform Order (2002) The Regulatory Reform (Housing Assistance) (England and Wales) Order (2002) provides for the use of home improvement grants to a certain category of house owners in private sector to carry out the essential maintenance activities of their buildings. It is suggested that the improvement of noise insulation can be undertaken as an integral part of such private sector home improvement programmes. There is a distinct possibility of undertaking such improvement in the noise insulation as a part of the home improvements for the elderly and disabled are concerned. However there may arise a difficulty as to the deciding on the fund level. In this way it can be ensured that the houses are brought reasonably under the 'Decent Homes Standard'. The sources of funds may include loans, grants, and other charitable sources. 4.4 Through Home Insulation Grants: "Home insulation grants are available to enable local authorities to meet their responsibilities to reduce carbon emissions and increase energy efficiency under the Home Energy Conservation Act 1995 and to reduce the incidence of fuel poverty." (Janet Higgitt , Alan Whitefield, Rick Groves 2004) It would be advantageous to include home insulation measures like double glazing and cavity wall insulation with these kinds of widespread local energy efficiency programmes and fuel poverty initiatives. However these measures may give rise to some complications like Householders' capacity to absorb or become accustomed to different kinds of noise varies considerably The effect of some measures could actually increase rather than reduce the intrusiveness of certain types of noise, e.g. double-glazing could well increase the intrusiveness of internally transmitted noise The materials and methods of construction used for effective thermal insulation may not necessarily deliver sufficient soundproofing from the perspective of 'acoustic insulation' Other additional (and relatively expensive) measures that are not currently subject to grant aid may be necessary to improve the sound insulation of dwellings (Janet Higgitt et al.2004) 4.5 Through the Housing Health and Safety Rating System: The Housing Health and Safety Rating System (HHSRS) uses an evidence based risk assessment process in judging the fitness of a property for occupation by assessing and rating different criteria including noise as one among them. The scheme has identified twenty nine possible criteria that need to be assessed and rated before a house can be declared fit for occupation. Some of the hazards were covered by the previous fitness standard but a number of additional housing hazards have been identified including noise. Each hazard is "rated" individually and this is based on "the risk to the potential occupant who is most vulnerable to that risk." The new system will provide the basis for enforcement action taken by the local authority. It is therefore conceivable that a dwelling can receive a poor Housing Health and Safety Rating due to sound insulation and the local authority can then take enforcement action to improve the sound insulation properties of the dwelling. However the HHSRS has not yet been implemented and there are concerns about the practicalities of using the system. But the system can be used as an enforcement tool to gain improvements in the reduction of noise as a potential housing hazard. 5.0 Conclusion: Thus it may be concluded that the issue of noise as a potential housing hazard is a complicated one and it doesn't have a definite and simple solution to reduce or minimise the impact of environmental noise. However it has to be considered as a matter of serious concern which may turn out to be a potential cause for health related issues if not handled properly. Already there has been an increasing trend in the complaints to the local authorities and the government regarding the disturbances being caused by ambient related noises as well as neighbourhood noises which have consequential impacts on the physical and mental health of the residents. 6.0 Recommendations: On the basis of the points discussed supra the following recommendations may be considered appropriate to address the problem of noise as a potential housing hazard: HHSRS may be made more effective with additional powers to the inspecting officers and appropriate penal measures including fines to the landlords wherever there is non-conformity with the standards. The government may initiate action to collect more information on the costs that may have to be incurred in providing noise insulation as a part of the energy saving measures and based on such information more activities in this direction may be motivated. The feasibility of introducing noise sensitive criteria as a part of the housing allocation process may be considered. References: 1. Article Noise and Hearing Loss Noise and Hearing Loss American Speech-Language-Hearing Association [Online] Available from: http://www.asha.org/public/hearing/disorders/noise.htm Accessed on 02nd March 2007 2. ESRC Society Today: UK Fact Sheets; Pollution in the UK [Online] Available from: http://www.esrcsocietytoday.ac.uk/ESRCInfoCentre/facts/UK/index19.aspxComponentId=7040&SourcePageId=14975 Accessed on 02nd March 2007 3. Guidance Notes for Landlords Health and Safety Rating System HHSRS Southern Private Landlords Association [Online] Available from: http://www.spla.co.uk/document_archive/Guidance_Notes_-_HHSRS.pdf Accessed on 02nd March 2007 4. Janet Higgitt , Alan Whitefield, Rick Groves 2004 Quiet Homes for London: Review of Options an Initial Scoping Study Final Report July 2004 Read More