Can I report my neighbours for setting off fireworks all night? Yes, here’s how, according to legal experts

Are you excited for Bonfire Night? While most of us will enjoy a fireworks display, building a Guy and attending community events, the use of fireworks can sometimes be antisocial. There are strict rules about when you can set off fireworks, so I asked legal experts to explain what you can do if your neighbour is in breach of them.

Neighbour disputes are never pleasant and are always best avoided. However, if you feel your neighbour is letting off fireworks irresponsibly or it has a negative impact on your home life, legal experts say there are a few steps you can take.

Of course, most of us want to enjoy Bonfire Night safely and responsibly, but this is what legal experts say you can do if you feel your neighbours are not doing the same.

What is the law surrounding setting off fireworks in a residential area in the UK

Some key rules apply on the big night, including a curfew to stick to. According to Gov.uk, you are not allowed to set off fireworks between 11 pm and 7 am. On Bonfire Night, this is extended to midnight. On New Year’s Eve, Chinese New Year and Diwali, this is extended to 1 am.

‘There are also restrictions on where fireworks can be used. It is illegal to set off or throw fireworks, including sparklers, in the street or other public places. They should only be used on private land, with the landowner's permission and enough space to follow the recommended safety distances. Under-18s are also prohibited from possessing adult fireworks in public places,’ explains Paula Moses, Legal Director in the Commercial Dispute Resolution team at Blacks.

‘Additional consideration should be given to the surrounding environment. For example, if you live near a veterinary practice, school, care home or other sensitive premises, fireworks can cause significant disruption, particularly to animals, young children and vulnerable individuals, so it is important to be mindful of the potential impact and take reasonable steps to minimise disturbance.

‘Councils also encourage a little neighbourly courtesy such as letting those around know ahead of time, particularly if they have young children, elderly relatives or animals, and try to wrap up early.’

Can I report my neighbours for setting off fireworks?

‘For many people, the biggest concern isn't just the noise itself but the impact it can have on young children, vulnerable relatives or pets. While that doesn't automatically mean a neighbour is doing anything wrong, it's something people should be mindful of when planning a display,’ comments Joanne Ellis, partner and a specialist in dispute resolution at the law firm Stephensons.

‘In most cases, a friendly conversation is the best place to start. Giving neighbours advance notice that you're planning to set off fireworks allows them to prepare and can go a long way towards avoiding disagreements. Likewise, if you're unhappy about noise from a neighbour's fireworks, raising it politely and calmly will often resolve the issue more quickly than escalating matters straight away. A friendly chat in advance to discuss your worries may enable an agreement to be reached.’

As when trying to resolve issues around replacing fences or cutting back plants, a friendly conversation is most likely the easiest point of resolution. However, if these conversations go nowhere, you can escalate your complaint.

‘It is illegal to set off most fireworks between 11 pm and 7 am, and if your neighbours are breaching these restrictions, you can report this to the police. However, fireworks can also cause a noise nuisance before the 11 pm curfew. If the disturbance is persistent or excessive, you can raise a complaint with your local council's environmental health team, which can investigate whether the noise amounts to a statutory nuisance,’ says Paula.

‘If firework use is persistent, regular, or beyond normal seasonal occasions, you may be able to bring a claim yourself in the civil courts under the laws of private nuisance. This would require that the use and enjoyment of your property is reduced by the noise, light and perhaps debris from the neighbouring property. In extreme cases, you could seek an injunction to prevent it.

‘Remember that courts will conduct a balancing exercise between the parties’ rights and freedoms. If you are considering a complaint to the Council or a private claim, it would help to keep a diary and some evidence of the level of disturbance.’

While we can expect to hear fireworks on Bonfire Night, we can still expect our neighbours to set them off responsibly. If you plan to set off fireworks in a residential area, ensure you notify your neighbours first as a courtesy.