Statutory nuisance

A statutory nuisance is an issue that unreasonably and substantially interfere with the use or enjoyment of a home or other premises or an issue that might injure health or be likely to injure health. Such issues that might constitute as being a statutory nuisance could include:

• noise from premises or from vehicles, equipment or machinery in the street
• smoke from premises
• smells from industry, trade or business premises (for example, sewage treatment works, factories or restaurants) also referred to as nuisance smells
• artificial light from premises
• insect infestations from industrial, trade or business premises
• accumulation or deposits on premises (for example, piles of rotting rubbish) see nuisance smells

Statutory nuisances are covered by the Environmental Protection Act 1990, where by councils must investigate complaints about issues that could considered as a statutory nuisance. Where applicable councils can serve an abatement notice on people responsible for statutory nuisances, or on a premises owner or occupier if this is not possible. Such a notice may require the person or people responsible to stop the activity or limit it to certain times to avoid causing a nuisance.

Such notices, served on premises can be delayed for 7 days while the council tries to get the person responsible to stop or restrict the noise. The abatement notice must be served on the owner or occupier if either of the following apply:

• the person responsible cannot be found
• the nuisance has not yet happened but is likely to happen in the future
• If the nuisance is caused by a structural defect on the premises, the abatement notice must be served on the premises owner.
• If the nuisance is caused by unattended vehicles, machinery or equipment in the street, the notice can be served by fixing the notice to the vehicle, machinery or equipment if the person responsible cannot be found.

If someone does not comply with an abatement notice they can be prosecuted and fined:

• a lump sum (the amount is set by the court)
• further fines for each day they fail to comply (the amount is set by the court)

Councils can also take action to stop or restrict the nuisance by:

• carrying out works and making the person given the notice pay for them (this can include seizure and confiscation of equipment)
• applying to the High Court for an injunction (if a prosecution is not adequate)

For further information see also UK government guidance Statutory nuisances: how councils deal with complaints

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