When pollution is a nuisance or affects health

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.