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
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.
Construction Products Reform Green Paper and Consultation
Still time to respond as consultation closes on 21 May 2025.
Resilient façade systems for smog reduction in Shanghai
A technical approach using computer simulation and analysis of solar radiation, wind patterns, and ventilation.
Digital technology, transformation and cybersecurity
Supporting SMEs through Digitalisation in Construction.
Villa Wolf in Gubin, history and reconstruction. Book review.
Construction contract awards down £1bn
Decline over the past two months compared to the same period last year, follows the positive start to the year.
Editor's broadbrush view on forms of electrical heating in context.
The pace of heating change; BSRIA market intelligence
Electric Dreams, Boiler Realities.
New President of ECA announced
Ruth Devine MBE becomes the 112th President of the Electrical Contractors Association.
New CIAT Professional Standards Competency Framework
Supercedes the 2019 Professional Standards Framework from 1 May 2025.
Difficult Sites: Architecture Against the Odds
Free exhibition at the RIBA Architecture Gallery until 31 May.
PPN 021: Payment Spot Checks in Public Sub-Contracts
Published following consultation and influence from ECA.
Designing Buildings reaches 20,000 articles
We take a look back at some of the stranger contributions.
Lessons learned from other industries.