Examples of statutory nuisance allegations that we can investigate are outlined under Section 79 of the Environmental Protection Act 1990.
A statutory nuisance report must show that it is harmful to health or a nuisance'. This includes:
- injure health or be likely to injure health
- unreasonably and substantially interfere with and affect the use or enjoyment of someone else's home or other premises
Assessing a nuisance
When assessing a reported nuisance, we will gather all required evidences and make sure it meets the legal requirements.
We will not take into account personal opinions or sensitivities of an individual. Our findings must show that the report would cause a statutory nuisance to the average person. This does not include harm to property.
Abatement Notice
If a statutory nuisance exists, or is likely to occur or recur, an Abatement Notice will be served onto the person responsible. This may require the person or company to:
- halt the activity
- limit it to certain time frames
- list actions to limit the issue including improvement works in a given time period
It does not necessarily mean an activity may completely halt but that the impact of nuisance has been reduced to a reasonable level.
Appeals
An Abatement Notice may be appealed to a Magistrates’ Court within 21 days of the Abatement Notice being served.
Nuisance gardens
We will investigate complaints of build up of waste in a property, garden or yard. This does not include:
- overgrown gardens
- rubble
- general visual eyesores
Environmental Health can investigate if the waste is causing an odour or is attracting vermin or flies.
Invasive plant
For invasive plants, such as Japanese knotweed, visit GOV.UK for more information.
The landowner is responsible for managing and controlling invasive plants.
Dog fouling
Environmental Health does not usually investigate dog fouling on private land. In some cases, Environmental Health may investigate, which could involve revisits and a diary sheet to assess statutory nuisance.
Residents can take private legal action if fouling causes odour or fly issues.
Insects
Insects may become a statutory nuisance when:
- traceable to a commercial activity
- there is a significant increase in numbers, which impacts with the comfort and enjoyment of another's home
Statutory Nuisance legislation only covers insects emanating from a trade or business premises and not a domestic property.
Birds
There are no laws against feeding wild birds. However, action may be taken in significant and excessive cases where rotten food waste is accumulating or that such bird feeding is the cause of an infestation of rats or mice.
Contact your Housing Association Provider or Landlord in the first instance as such behaviours may be covered within tenancy agreement rules.
We do not have a legal duty to control birds, which are protected by law. Nesting or roosting may cause noise or droppings. Find non-lethal control advice from the RSPB or external bird control services via the BPCA.
Property nuisance
Not every hazard or deficiency in a property is dealt with under the Housing Act 2004.
Under nuisance provisions the assessment is a complete condition of the premises that is impacting a neighbouring premises such as the neighbouring damp affecting your premises.
A statutory nuisance may evolve from an impact of a number of defects or 1 defect. If the premises are likely to affect the health of the occupant, voluntary or formal action could be used to remedy the matter.
Asbestos could also be considered a nuisance if disturbed and not in a good condition. If you are on a building site, contact the Health and Safety Executive.
Should the assessment demonstrate a statutory nuisance exists due to the structure of the premises, action will be taken against the owner(s) or person responsible for the statutory nuisance. Alternatively, we may carry out the works in default and charge those responsible.
Empty properties
Owners of empty properties should ensure that their empty property is kept secure and presentable.
Contact us if there is an issue with an empty property in your area.
Where there is a dangerous structure, notify our building control team.
Filthy or verminous properties and hoarding
A property may be identified as 'filthy or verminous' under public health legislation, if it has a considerable amount of:
- faecal waste
- food waste
- clothing
- furniture
- infestations that are present
Some properties may also have a considerable number of stored items which can then be identified as 'hoarding' and in some instances can present a fire risk.
If you have any concerns that a friend or relative may have a significant hoarding problem, contact their General Practitioner (GP).
If you are in a position to speak with the occupier you should check if they are okay and in need of help. Family members, their GP or Adult Social Care Services may be able to help.
If your are unable to speak to the person or are being affected, contact us and provide as much information as possible about the person concerned.
What we will do
We will initially visit yourself and, depending on the situation, the property for assessment.
Depending on findings, we will ask the owner to organise:
- pest control treatment
- cleaning and removal of waste
Formal action may take place to require the works to happen.
Failure to comply may result in works in default with a contractor to be arranged and costs to be recovered.