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.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Building acoustics is the science of controlling noise in buildings. Read our introductory article here.
ICE President Robert Mair delivers inspiring message to engineers at opening ceremony.
A form of procurement where the contractor provides a single point of contact for a supply chain.
A month after the devastating fire, emergency reconstruction works are underway.
The London Build Expo is hosting a Diversity in Construction panel and networking session on October 24.
Mortar analysis for specifiers
Analysis can help develop a specification, but must not lead to inappropriate specifications being accepted.
Dos and don'ts for creating a smart home.
New ICE publication recommends pay-as-you-go tax to fund roads and other financing options.
BSRIA launches a White Paper on wearable technology and wellbeing in buildings.