What is the law concerning nuisances?

If you cause a nuisance you may be sued by individuals who have suffered personal or property damage as a result of the nuisance. You may have to attend a court hearing and pay compensation or damages.

If the nuisance you are responsible for is affecting a public space or a large number of people, you may be causing a public nuisance. You may have to pay compensation or damages. Your local council may also take action against you to restrict your activities.

If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, rather than the person responsible for the nuisance. This also applies where that person cannot be found or to a nuisance that has not, but is likely, to occur.

Statutory nuisance

The conditions that create a nuisance are set out in legislation. This is called a statutory nuisance.

A statutory nuisance can be caused by:

  • noise and vibration
    		•
  • smell
  • smoke
    		•
  • vermin
  • fumes
    		•
  • animals you keep
  • gases
    		•
  • waste deposits
  • dust
    		•
  • the poor state of your premises
  • steam
    		•
  • foul, stagnant or obstructed water.

    • If your environmental health officer finds that a statutory nuisance exists or is likely to occur or recur, your local council can serve you with an abatement notice.

    These notices:

    • stop or impose restrictions on your operations
    • require you to carry out works or take other steps to restrict or remove the nuisance.

    An abatement notice is a legal document and if you do not comply with it your local council will prosecute you.

    Individuals can also bring a case to court.

    In England, Scotland and Wales the conditions of statutory nuisance also include:

    • insects coming from your business premises
    • artificial lighting.

    Permits

    If your business is regulated under the environmental permitting regime (England and Wales) or the pollution prevention and control (PPC) regime (Northern Ireland and Scotland), your permit will have conditions that control emissions that could be a nuisance, such as noise, dust or odour.

    In this guideline: