When pollution is a nuisance or affects health

Types of statutory nuisance and how to report

A statutory nuisance is something that is harmful to health or causes a significant nuisance. It is defined in Section 79 of the Environmental Protection Act 1990 and can include the following:

Types of statutory nuisance

Property disrepair

  • choked or defective drains causing sewage to back up into a property or onto land
  • missing roof tiles leading to rainwater leaking into a home

Smoke

  • smoke escaping from premises, such as garden bonfires affecting neighbouring homes

Fumes or gases

  • for example, fumes from a dry‑cleaning business seeping into residential flats above

Dust, steam, smells, or odours

  • any unpleasant or harmful emissions from industrial, trade, or business premises

Accumulations or deposits

  • decomposing household waste
  • materials containing asbestos where fibres could be released

Noise

  • industrial noise
  • noise from commercial premises, such as live music, affecting nearby homes

How we handle statutory nuisance

We are legally required to investigate complaints and determine whether a statutory nuisance exists. If it does, we can issue a Statutory nuisance abatement notice under Section 80 of the Environmental Protection Act 1990.

Making a complaint

To report a potential statutory nuisance to Environmental Services, complete our Customer service enquiry form.

Why we need your details

To show that a nuisance is affecting someone, we usually need your contact information.

  • your details are kept confidential and are not shared with the public
  • if formal legal action is required, your identity may need to be disclosed to support the case. You will be notified before this happens
  • some ongoing issues (for example, repeated noise or burning) may be investigated anonymously, but without your details we may not be able to fully resolve the matter

Noise complaints