We can investigate complaints of excessive noise and other types of statutory nuisance from both domestic and commercial premises.
A statutory nuisance is not simply something that annoys you - it is something that causes a serious and unreasonable interference with your right to enjoy your property, or damages your health in terms of the threat of disease, rather than the risk of injury. Statutory nuisance is a criminal offence.
We have a duty to take reasonable steps to investigate allegations of statutory nuisance. We have to make a decision based on what the average reasonable person would find unacceptable, and cannot take into account individual sensitivities or personal circumstances related to ill health.
The Environmental Protection Act 1990 (EPA) defines the following as potential statutory nuisances:
If your complaint does not fall within one of these categories, it cannot be deemed a statutory nuisance.
There are a number of factors that must be considered when assessing whether or not a nuisance exists:
Everyday and ordinary use of a domestic premise, and the lack of sound insulation between properties, cannot be deemed a statutory nuisance.
Here are some examples of what is and what is not classed as statutory nuisance:
But remember, this is just a guide. All cases are assessed individually, and it is the officer assessing each case who decides whether your complaint may be classed as a statutory nuisance.
Updated: 22 September 2015