Statutory nuisance

We investigate a wide range of housing-related complaints that may be considered a statutory nuisance, particularly those arising from domestic properties.

What we investigate

We may take action where there is a public health impact from issues such as:

• accumulations or deposits, including household waste or animal faeces
• defective premises affecting neighbouring properties, including leaking gutters causing damp
• premises that may be harmful to the occupier’s health due to faulty gas appliances, for example
• filthy or verminous living conditions
• pest infestations coming from a property

Legal powers we may use

There a number of pieces of legislation that available to us to deal with these situations, including:

• Environmental Protection Act 1990
• Public Health Acts 1936 and 1961
• Prevention of Damage by Pests Act 1949
• Town and Country Planning Act 1990 (Section 215 – for unsightly land or buildings)

We will always use the most appropriate legislation based on the circumstances and the urgency of the issue.

Our approach

Where possible, we aim to resolve issues informally. However, if informal action is not successful or the issue poses a serious risk to health, we may serve a statutory notice requiring the problem to be addressed.

Supporting vulnerable residents

In cases involving filthy or verminous properties, we will assess the circumstances of the occupier. Many individuals in these situations may be vulnerable. We will work closely with colleagues in Child and Adult Services before taking enforcement action.

Improving unsightly properties or land

In some cases, we may use powers under Section 215 of the Town and Country Planning Act 1990 to require improvements to the external appearance of land or buildings that are considered unsightly and harmful to the local area. This action is taken in partnership with our colleagues in Planning Services and is used where a property or land is considered detrimental to the amenity of the neighbourhood.