Construction and demolition advice to building contractors

Statutory nuisance

Environmental Protection Act 1990 – Statutory Nuisance affecting residential properties only

Section 79 of the Environmental Protection Act lists potential statutory nuisances, including:

  • smoke
  • dust
  • noise
  • odours
  • accumulations of waste
  • artificial light

Birmingham City Council (BCC) is required to investigate any such complaint and assess whether a statutory nuisance exists.

Under Section 80 of the Act, if a nuisance does exist, BCC will serve an abatement notice to prohibit or restrict the occurrence or recurrence of this nuisance. BCC can also require works to be carried out to abate the nuisance.

Under Section 82 of the Act, a local resident can apply to a Magistrates Court on grounds that activities on site amount to a statutory nuisance.

Page last updated: 21 November 2024

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