Statutory nuisance

Nuisance generally entails some form of damage to, or intolerable interference with a person’s use or enjoyment of their property. In every case the matter must be either ‘prejudicial to health’ or a ‘nuisance’ to be considered a Statutory Nuisance. Section 79 of the Environmental Protection Act 1990 identifies specific conditions or activities that constitute a Statutory Nuisance, including:

• premises in such a state to be prejudicial to health or a nuisance
• smoke, fumes or gases emitted from premises
• dust, steam, odours, or other unpleasant or harmful discharges from industrial, trade or business premises
• accumulations or deposits harmful to health
• animals or insects kept in a way that is prejudicial to health or a nuisance
• artificial Light emitted from premises
• noise from premises, vehicles, machinery, or equipment
• any other matter declared by law to be a Statutory Nuisance

We would always encourage you to make contact with the person who is causing the problem in the first instance. Problems can often be quickly remedied by an informal discussion with your neighbour. Often people are unaware that they are causing a problem and most will be glad to take action to remedy the problem. We appreciate that circumstances vary and that this may not always be possible.

The Council also offers a free and confidential resolution service. The resolution service aims to help residents in dispute find a solution to their issues, avoiding the need for enforcement actions which could worsen relationships.

The Council is obliged to investigate complaints of nuisance and will consider various factors in determining if the particular situation is indeed a Statutory Nuisance or not. These include the time of day/night, the duration, how often the problem occurs, its characteristics, whether there is a societal acceptance (i.e. bonfire night), how it is affecting you, where it is affecting you. Guidance on the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 is available on the Scottish Government's website

Environmental Health officers can investigate things like

• water penetration
• odours
• smoke
• drainage issues
• insect nuisance
• noise
• accumulation of rubbish

Environmental Health officers duties include

• checking our area for serious problems that might be statutory nuisances
• investigating complaints when someone living in the area reports a possible nuisance
• we would always seek to resolve the issue informally in the first instance however if necessary an Abatement Notice can be served on the person responsible, requiring them to take action
• serving an abatement notice (a formal order to stop the problem)

If the person doesn’t fix it, the council can

• do the work themselves and charge the person
• refer the matter to the Procurator Fiscal

Private Action

Separate to any action the Council can take or indeed if the Council is unable to take action, individuals can also take their own action in relation to nuisance. This can be done under Section 82 of the Environmental Protection Act 1990.