Part 3 of the Environmental Protection Act 1990 gives councils in England and Wales a duty to deal with “statutory nuisances” such as noise, smoke or accumulations of rubbish, and lets a person affected go to the magistrates’ court directly. Scotland and Northern Ireland are outside the scope of this guide.
What counts as a statutory nuisance
Section 79(1) of the 1990 Act, marked as applying in England and Wales, lists the matters that can be statutory nuisances. They include premises in such a state as to be prejudicial to health or a nuisance, smoke, fumes or gases from premises, dust, steam, smell or other effluvia from industrial, trade or business premises, accumulations or deposits, animals kept in such a place or manner, artificial light from premises, noise from premises and noise from vehicles, machinery or equipment in the street. In each case the matter must be prejudicial to health or a nuisance.
GOV.UK guidance for councils explains the test in plain terms: the problem must unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure or be likely to injure health. Its examples of noise sources include loud music and barking dogs. It also says the statutory noise nuisance rules do not apply to noise from traffic or aircraft or to demonstrations.
The council’s duty to investigate
Section 79(1) also places a duty on every local authority to have its area inspected from time to time for statutory nuisances and, where a person living in its area complains, to take such steps as are reasonably practicable to investigate. GOV.UK adds that councils can decide what level of service to give for noise complaints, for example whether officers are on call at night.
Abatement notices
Under section 80, where the council is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice. The notice can require the nuisance to stop or be restricted and can require works, and it must state the time for compliance. It is normally served on the person responsible. If the nuisance comes from a structural defect the notice goes to the owner, and if the person responsible cannot be found, or the nuisance has not yet occurred, it goes to the owner or occupier of the premises.
For noise from premises, section 80 lets the council first take other steps to persuade the person responsible to stop, for up to seven days, before it must serve a notice. GOV.UK describes the same seven-day window.
Appeals and enforcement
A person served with an abatement notice can appeal to the magistrates’ court within 21 days of service. GOV.UK gives the grounds as the legal tests not being met, the notice being served on the wrong person or the notice being defective. In some cases, using the best practicable means to prevent or reduce the nuisance can also be a ground or a defence.
Ignoring a notice without reasonable excuse is an offence. GOV.UK says the person can be prosecuted for a lump-sum fine plus further daily fines, with amounts set by the court, and that the council can carry out works and recover the cost or apply to the High Court for an injunction.
Going to the magistrates’ court directly
Section 82 allows any person aggrieved by a statutory nuisance to make a complaint to the magistrates’ court. If the court is satisfied that the nuisance exists, or is likely to recur, it must order the defendant to abate it, to prevent its recurrence, or both, and it may also impose a fine of up to level 5 on the standard scale. Proceedings are normally against the person responsible, against the owner for a structural defect, or against the owner or occupier if the person responsible cannot be found.
Before starting proceedings the complainant must give written notice of the intention to do so, specifying the matter complained of. Section 82(7) sets the minimum notice at three days for noise from premises or from a vehicle, machinery or equipment in the street, and twenty-one days for other nuisances.
Trying informal routes first
GOV.UK’s guide to resolving neighbour disputes says an informal conversation should come first, followed by mediation if that fails, with a council complaint for a statutory nuisance and the police for violence or harassment. It names the Civil Mediation Council as the source of mediators in England and Wales and says legal action is a last resort.
FAQs
Does the council have to act on every noise complaint?
It must take reasonably practicable steps to investigate a complaint from a person living in its area, and must serve an abatement notice if it is satisfied a statutory nuisance exists or is likely to occur or recur.
Can a neighbour take the matter to court without the council?
Yes. Section 82 allows a person aggrieved to complain to the magistrates’ court after giving the required written notice.
How long does a person served with an abatement notice have to appeal?
The period is 21 days from service of the notice.
Bottom line
In England and Wales, a nuisance qualifies only if it is prejudicial to health or a nuisance in the legal sense, but where it does, the council must investigate and can serve an abatement notice, and the person affected also has a direct route to the magistrates’ court. Informal steps and mediation are expected first. This is general information, not legal advice about any particular dispute.
Sources
- legislation.gov.uk, “Environmental Protection Act 1990, section 79: Statutory nuisances and inspections therefor”
- legislation.gov.uk, “Environmental Protection Act 1990, section 80: Summary proceedings for statutory nuisances”
- legislation.gov.uk, “Environmental Protection Act 1990, section 82: Summary proceedings by persons aggrieved by statutory nuisances”
- GOV.UK, “Statutory nuisances: how councils deal with complaints”
- GOV.UK, “Noise nuisances: how councils deal with complaints”
- GOV.UK, “Resolving neighbour disputes”