Nuisance neighbours

Nuisance neighbours can be irritating and annoying.

We can only take action if your neighbour is causing a 'statutory nuisance' (a nuisance covered by the Environmental Protection Act 1990).

A Statutory Nuisance is where the actions of another are unreasonable and cause a substantial interference to the use and enjoyment of a resident’s property or are prejudicial to health. We can only investigate complaints when you are affected at home. If you are affected at work, please report this to your health and safety representative.

You must read the guidance on noise and nuisances on this page above before making a report.

Noise

Examples of noise from premises that we can investigate include:

• loud music
• persistent dog barking
• mechanical plant
• bird Scarers
• noise from unreasonable DIY
• house alarms
• noise from vehicles and equipment in a street e.g. refrigerated vehicles, car alarms (but not traffic passing along the highway)

Noise from people (including children playing), doors banging, general banging are unlikely to be deemed statutory nuisances unless there is a substantial interference and an element of malice associated with the noise that can be proven. Noise from the ordinary use of a domestic dwelling cannot be a statutory nuisance.

We are also unable to investigate random intermittent noises that are of very short term, irregular and unpredictable noise e.g. door slamming and single vehicle movements.  

Premises prejudicial to health

These kind of premises could be houses where there are hoards of rotting waste inside the property that are causing smells and attracting vermin, and garages or land where putrid waste material is being stored.

Prejudicial to health means illness or disease, not a physical injury such as a cut from broken glass or a broken bone as a result of falling in rubble.

Premises that fall in this category will often have rats and mice, and will have associated smells. To be able to complain about these properties they must affect you in your own home. The visual appearance of a property is not something that can be investigated under the Statutory Nuisance regime.

Smoke

This category includes smoke from bonfires and smoke from domestic chimneys. Smoke from garden bonfires, log burners, multi-fuel appliances, industrial trade premises and those who wrongly burn their waste can cause a nuisance, especially when it prevents people from being able to open their windows, hang out washing or use and enjoy outdoor spaces.

There are no laws against having a bonfire, however there are laws related to what can legally be burnt and where the smoke drifts.  In addition even when burning material that is legal if the smoke causes a substantial interference to personal comfort then the smoke would be deemed a statutory nuisance. Read more information about bonfires on the GOV.UK website.

The burning of builders waste or other material on a commercial premises is generally illegal as this controlled waste. Section 33 and 34 of the Environmental Protection Act 1990 make it an offence to treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Complaints of this nature should be reported to the Environment Agency or to the Council.

Smells and fumes

This includes odour from businesses and fumes and gases from domestic residence such as:  

• odour from takeaway shops
• gases from central heating

Smells from cooking at a domestic residence would not be deemed a statutory nuisance. Complaints of odour from cigarette smoke, tobacco smoke, pipe smoke, cannabis smoke etc. going from one property to another is not a matter that can be investigated under the Statutory Nuisance regime. Smoking within your own home or garden is considered “reasonable use”.

Reasonable use has to be taken into consideration, when assessing statutory nuisances and it is reasonable that a person/people smoke within their own home and in their garden. This is a civil matter. Odour from Cannabis, as cannabis is an illegal substance, complaints of this nature should be reported to the Police. This would not be investigated under the Statutory Nuisance regime.

Light

Artificial light that causes a substantial interference to personal comfort can be investigated, for example, flood light shining in bedroom over night.

Light that is natural light reflected off another building or structure e.g. sunlight reflected off solar panels or glazing cannot be investigated.

Flies from a business premises

Some flies infestations can be investigated as a statutory nuisance. The flies must emanate from relevant industrial, trade or business premises and be prejudicial to health or a nuisance. Flies that come from any of the following sources or locations cannot be investigated: 

• land used as arable, grazing, meadow or pasture land
• land used as osier land, reed beds or woodland
• land used for market gardens, nursery grounds or orchards
• land included in a site of special scientific interest
• land forming part of an agricultural unit e.g. farm house or the like
• land covered by and the waters of any river or watercourse that is neither a sewer nor a drain or any lake or pond, or land flooded by them

In addition this section does not apply to insects that are categorised as wild animals under the Wildlife and Countryside Act 1981, i.e. animals which are protected.

Agriculture

As a largely rural area, some farming noise and smells is to be expected. There are codes of practice farmers follow to minimise nuisance, for example when spreading manure or using bird scarers.

Report a noise or nuisance

To report a noise or nuisance complaint please complete the noise and nuisance reporting form.