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Topic: Statutory nuisance

guidance note - how to avoid creating a statutory nuisance
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Guidance note - how to avoid creating a statutory nuisance

Guidance note - how to avoid creating a statutory nuisance

A statutory nuisance can be attributed to the poor state of your premises or any noise, odour, smoke, fumes, gas, dust steam, noxious vapours, the keeping of animals, deposits and accumulations of refuse or other substances escaping from your premises.

Legal position

Unfortunately, no legal definition of a statutory nuisance exists. However, for action to be taken, the nuisance complained of must be, or is likely to be, harmful to a person’s health, or interfere with their legitimate use and enjoyment of their property/land. 

Note. Part III of the Environmental Protection Act 1990 contains the main legislation relating to statutory nuisance. It applies in England, Wales and Scotland and is enforced by local authorities.

General guidance note on statutory nuisance

To help you identify and understand the legal aspects of creating a statutory nuisance we’ve produced a Guidance Note - How to Avoid Creating a Statutory Nuisance. It includes basic guidance on the everyday actions that can be taken to reduce the likelihood of creating a statutory nuisance and gives details on what can happen if you fail to manage one properly.


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