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Statutory nuisance

Environmental Health have 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.  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. From time to time Environmental Health may seek to use alternative legal powers at our disposal to that of Nuisance to resolve a complaint.

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 unaware.

  • 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. Should any welfare or illegal activities become apparent the Officer will have a duty to report these to the relevant authorities.
  • 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. As such this can potentially affect property value and ability to sell your home.
  • 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.

By clicking on the green button below you will be taken to the Council's new online reporting page, please note the following online form names relate to making a Statutory Nuisance complaint: Noise (environmental); Accumulations and deposits of waste materials; Artifical light; Dust and odour; Filthy and verminous accomodation; insect-infested property and Smoke (e.g bonfires).

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