What Is a Statutory Nuisance and How Does It Affect You?
Under the Environmental Protection Act 1990 (EPA), a council has a duty to take action when something constitutes a statutory nuisance. But what exactly does that mean?
The Legal Definition
Section 79 of the EPA 1990 defines a statutory nuisance as something that:
- Unreasonably and substantially interferes with the use and enjoyment of land or premises, or
- Is prejudicial to health
The key word is unreasonably. Construction during permitted hours, even if disruptive, may not meet the threshold — it has to be unreasonable in the circumstances.
How Councils Assess It
An Environmental Health Officer (EHO) will typically:
- Visit the site or your property to witness the noise
- Take decibel measurements
- Consider the time of day, frequency, and duration
- Weigh this against what is considered “normal” for the area
What Happens if a Statutory Nuisance Is Found?
Under Section 80 EPA 1990, the council must serve an Abatement Notice on the person responsible. This legally requires them to:
- Stop the nuisance, or
- Restrict it to certain hours or levels, or
- Carry out works to prevent its recurrence
Failure to comply with an Abatement Notice is a criminal offence, with fines of up to £20,000 for industrial/commercial premises.
What If the Council Won’t Act?
If you believe a statutory nuisance exists but the council refuses to investigate or act, you can bring proceedings yourself in a magistrates’ court under Section 82 EPA 1990. For noise, you must first give the person responsible at least three days’ written notice of your intention (for other kinds of nuisance the notice period is 21 days).
This is a powerful but underused right. Citizens Advice or a solicitor can help you navigate the process.
General guidance, not legal advice. Supported by Hushtec, a New Zealand manufacturer of temporary acoustic barriers with a UK manufacturing site in Wakefield, West Yorkshire, where its Performance and Premium panels are made.