What is a 'statutory nuisance'?

To take action against someone causing you a problem, a council must be certain that the problem is a ‘statutory nuisance’. This is often difficult to decide, but the council must look at whether the behaviour (the noise, for example) is ordinary reasonable behaviour, and how many households it affects. As well as noise, statutory nuisance can include:

• smoke, fumes or gases;
• dust, steam or smells; and
• animals kept in unhygienic or unsafe conditions.

A statutory nuisance must also be a health risk. Typical examples of a statutory nuisance include a neighbour regularly burning rubbish or leaving rubbish in their garden, which encourages rats.

Community Legal Advice “Neighbourhood and Community Disputes” leaflet series:

1. What can I do if I have a problem with my neighbours?

2. Dealing with matters yourself

3. What is mediation?

4. What if mediation doesn’t work?

5. What is a ‘statutory nuisance’?

6. What if the council won’t help?

7. Taking a case to court yourself

8. What can be done about anti-social behaviour?

9. Acceptable behaviour contracts

10. Anti-social behaviour orders

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Community Legal Advice

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