Best practicable means
Best practicable means (BPM) is a widely-used defence that is available against statutory nuisance actions relating to trade or business premises. It is available both as a defence against prosecution and as grounds for appeal.
Part III of the Environmental Protection Act 1990 defines BPM as:
- ‘Practicable’ means reasonably practicable in terms of local conditions/circumstances, the current state of technical knowledge, and financial implications.
- ‘Means’ refers to the ‘design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures.’
The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant should not be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety requirements.
NB High Speed Rail (Crewe – Manchester) Environmental Statement, Glossary, abbreviations and references, published by the Department for Transport in 2022, states best practicable means is: ‘Defined in the Control of Pollution Act 1974 and Environmental Protection Act 1990. Used to describe measures that are ‘reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to financial implications’.’
See also:
[edit] Related articles on Designing Buildings
Featured articles and news
We're expanding our collaborative mission by launching DB Intelligence, an exclusive market research advisory panel. Built environment professionals can now get paid to share their expertise on industry trends, products and services.
Panel members receive direct financial incentives for participating in research projects like short surveys, 1-2-1 interviews and focus groups. Register today to shape the future of the construction sector.
Building Safety Wiki Interviews
Chief executive of the British Woodworking Federation.
Planning condition discharge in England and Wales
A brief exoplanation from a building compliance expert, with further links.
Overheating guidance and tools for building designers
Guidance for dealing with element of building fabric control that have increasing importance.
Shading for housing, a design guide
From the Good Homes Alliance and British Blind and Shutter Association.
UK Standard Skills Classification (SSC)
A shared framework for describing skills needs.
Social media ban consultation comes to close
CIOB urges UK Government to consider social media’s role in careers guidance in ban debate.
The latest of eight Skills England apprenticeship units
The addition of battery manufacturing welcomed by ECA with a warning about the risks of fast-tracked apprenticeship units.
Building Control Independent Panel final report
A precis of a key report led by Dame Hackitt with full recommendations and link to the government response.
Building Safety recap April, 2026
A short and longer run-through of the month, with links to further information and sources.
CIAT May 2026 briefing.
From medieval scribes to modern word art.
ECA welcomes crackdown on late payment and push for clean energy, whilst CIOB seek fixed cladding removal timeframes.
Cyber Security in the Built Environment
Protecting projects, data, and digital assets: A CIOB Academy TIS.
Managing competence in the built environment
ITFG publishes new industry guide on how to meet the ICC principles.