Statutory nuisance

The Council has legal powers to investigate statutory nuisance complaints under the Environmental Protection Act 1990.

Please see the statutory nuisances explained page below for general information and advice on what could constitutes a statutory nuisance or not. Therefore some things a resident may feel is an annoyance or a nuisance may unfortunately not be seen as one in the eyes of the law. Usually for a statutory nuisance to exist it would need to comprise one or both of the below:

  • unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • injure health or be likely to injure health (prejudicial to health)

We are unable to investigate complaints where there is no clear nuisance address location details provided, it is down to the complainant to provide these to the council.

For further information on what a statutory nusiance could be, please see Statutory nuisances explained.

Advised Nuisance Resolution Process

Before you consider formally reporting a problem to the Council we recommend you try to talk to the person responsible for causing the problem (if you feel safe and able to do so).

They might not realise they're causing a problem and quiet often writing a brief letter or having a quick chat can resolve the problem amicably. Our involvement can sometimes aggravate matters, particularly if it's the first time the people hear that there's a problem. It can take several months once the Council begins our investigations to potentially resolving matters on your behalf and investigations could potentially end up at court. 

Further information on what steps to follow to resolve a neighbour dispute can be found via the government website:

If after considering steps 1-3 as outlined on the above link, you now wish to proceed to step 4 please read below.

Formally Reporting to the Council

Before proceeding to formally report your problem to the Council please familiarise yourself with the below key points as we often find complainants are unware.

  • We are unable to take anonymous complaints or follow up where contact details have not been correctly provided.
  • A Council Officer will likely have to visit your property to witness the problem.
  • Depending on the nature of your complaint you may have to complete and return diary record sheets covering up to 21 consecutive days to document the problem.
  • You are legally bound to declare nuisances on the ‘Seller’s Property Information Form’ should you sell your property.
  • Should the Council be required to issue an Abatement Notice against the person causing the nuisance your location details (i.e property address) will likely be included in the abatement notice.
  • Should your complaint advance to the legal enforcement stage you and other witnesses to the problem may have to give evidence in a Court of law.

Report a statutory nuisance

You can also download a copy of our privacy notice (PDF)

The Council aims to start investigating your problem within five working days of receipt, however during periods of high workload this could stretch to ten working days. We will contact you as soon as we are able to.

 

Information on Statutory nuisance

Sub-categories of Statutory nuisance