Statutory nuisance

Statutory Nuisance

A nuisance is something which is unreasonable and causes substantial interference in the use and enjoyment of a person's property. It is much more than just an annoyance or being aware of something. To fall within the definition of statutory nuisance, an activity needs to be, or likely to be:

a nuisance, taking into account a number of factors such as the time of day/night, how long it lasts, how often it happens, whether it's socially acceptable, the surrounding environment etc
posing a threat to health

A statutory nuisance may arise in the form of:

Smoke: fumes or gases: emitted from premises, or from a vehicle, machinery or equipment in a street and bonfires
Odour: dust and steam: from industrial, trade or business premises
Noise: coming from premises, or from a vehicle, machinery or equipment in the street
Light: from badly adjusted security lights or floodlights
Insects: from any industrial, trade or business premises
The physical state of any premises: to be in such a state as to be prejudicial to health or a nuisance
Accumulations: anything which could cause a nuisance or present a health risk for humans, for example an accumulation of rotting food which attracts rats or mice
Smoke from Chimneys

Statutory nuisance is based on the impact to a property. Therefore, an issue which disturbed you whilst walking on a public footpath, or whilst you were a visitor somewhere, could not be a statutory nuisance to you and cannot be investigated.

Complaint Investigation Procedure

It is advised that in the first instance, you approach the nuisance maker directly and politely explain the impact that the nuisance is having upon you. It maybe that the person responsible for the nuisance was not aware of the impact they were having upon residents.

If this is not appropriate, or this has had little effect, our nuisance investigation process may be able to help.

The council has a duty to investigate complaints of Statutory Nuisance. Upon receiving a complaint, we will contact the party responsible and ask them to take reasonable steps to stop the nuisance or reduce its impact upon residents. We will not share your details at any time, however in some situations it may be obvious who has made the complaint.

Should this not resolve the issue, you will be asked to keep a diary record of the nuisance events detailing the dates, times, duration and how you are affected. In some occasions officers will visit your home at times when the nuisance is present to witness the impact first hand.

The evidence gathered during the investigation will determine the next steps, which you will be informed of.

If a nuisance is likely to exist, we will serve a legal notice requiring the party responsible to stop the nuisance. If they continue, we may take the party responsible to court or take other steps to ensure the notice is followed. Please be aware that in such cases you may be required to complete a witness statement and potentially attend court. The progression of a complaint to court is rare as officers will try and resolve the matter informally throughout the investigation.

We do not investigate anonymous complaints.

Other options available to you

The Council's investigation service is not suitable for all complaints. The legislation recognises this and gives a complainant the right to make a complaint directly to the local magistrate's court. Individuals can also take their own action civil action.

Some cases may be suitable for Mediation Services which can help to resolve such complaints. The service is designed to assist neighbours to solve conflicts and is free, impartial, independent and confidential.

For more information on statutory nuisance: How councils deal with complaints (opens new window)