What the Environmental Protection Act 1990 covers
The Environmental Protection Act 1990 is one of the main laws dealing with pollution and nuisance across the United Kingdom. While it applies throughout England, Wales, Scotland and Northern Ireland, there are variations in how it is implemented in each nation, with some responsibilities devolved to other legislative bodies.
The Act gives local councils the power to investigate complaints and take action when someone's behaviour affects the quality of life in a residential area. It covers a broad range of environmental problems, from industrial pollution to disputes between neighbours. If something counts as a statutory nuisance under this law, your council has a duty to look into it and can require the person responsible to stop or reduce the problem.
For residents dealing with ongoing issues caused by a neighbour, this Act can provide a formal route when informal approaches have failed, though outcomes will depend on the specific circumstances of each case.

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Smoke from a neighbouring property can fall within the scope of the Act if it affects your ability to use and enjoy your home. This might come from regular bonfires, wood burners, or other sources that produce persistent or heavy smoke.
The Act does not ban bonfires or wood burning outright. What matters is whether the smoke amounts to a statutory nuisance. This usually depends on how often it happens, how much smoke is produced, and whether it unreasonably interferes with your property or health.
If you are affected by smoke from business premises, such as a factory or commercial kitchen, the same principles apply. Councils can serve an abatement notice requiring the source to reduce emissions or change their practices. Failure to comply can result in fines or further legal action.
When making a complaint, it helps to keep a record of dates, times and how the smoke affected you. Once a council receives a complaint that appears to concern a potential statutory nuisance, it has a duty to investigate further.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Noise nuisance
Noise is one of the most common complaints dealt with under the Environmental Protection Act 1990. This can include loud music, barking dogs, machinery, DIY work at antisocial hours, or any persistent noise that interferes with your reasonable enjoyment of your home.
The Noise Act 1996 also addresses noise complaints, particularly at night, but the two Acts serve different functions. The Environmental Protection Act covers noise at any time of day and addresses a broader range of public health matters. It allows councils to act against both extreme one off incidents and ongoing lower level disturbances.
Councils will assess whether the noise amounts to a statutory nuisance by considering factors such as:
- The volume and frequency of the noise
- The time of day or night it occurs
- The nature of the area and what would be considered normal
- Whether the noise could reasonably be avoided or reduced
If the council decides the noise is a statutory nuisance, it must serve an abatement notice on the person responsible. This legally requires them to stop or limit the noise. Ignoring an abatement notice is a criminal offence and can lead to prosecution and fines.
Other nuisances and how to take action
The Act covers more than just smoke and noise. Other issues that may qualify as statutory nuisances include accumulations of rubbish, fumes, gases, dust, odours, and problems caused by insects or animals kept in a way that affects neighbours. Damp or defective premises that harm health can also fall under the Act, though these complaints are more commonly handled through housing enforcement.
Each complaint is assessed on its own facts. What counts as a nuisance in one situation may not in another, depending on the circumstances and the local environment.
If you are experiencing ongoing problems, the first step is usually to contact your local council's environmental health team. Most councils have online complaint forms and can advise on what evidence they need.
In some cases, you can also take private legal action through the magistrates' court under section 82 of the Act. This route does not require council involvement. However, you will need to show that the nuisance exists or is likely to recur. It is advisable to seek legal advice before considering this option.
For detailed information on statutory nuisances and how they are enforced, GOV.UK provides official guidance. Citizens Advice can also help you understand your options if you are unsure how to proceed.
Is so infuriating..but I’ve decided to keep
My window open all day and night now
So he cannot hide down the alleyway and smoke it!!! As even with a window shut smells
And things can seep through any small gaps around my windows! But he then just loudly goes in and out all evening until 1-2am coughing & spitting!! Is he allowed to do this!!!! It’s disturbing my peace I cannot sleep until I feel
Like he has finished going in and out!!! I’ve complained but I will withhold rent in the future as I’m fed up with it ! I live in a shared ownership home and his house is rented through the housing association.
The weeds and grass are higher than my fence which is being pushed into my garden, the weeds are self seeding into my garden and this property and garden has devaluted the small row of homes. Officer fro. The environmental health is not prepared to do anything
Is there a law that he can serve the owners who live 100 miles away
I hope someone can help
Tizzy
A man moved next Door, and has put up over 100 ft of Pigeon lofts,down one side, of the boundary and another 20 ft loft along his garden, He is breeding Pigeons, and selling them, we are having an increase of Rats in our Garden, I have seen them, going into his garden, the Noice down our garden, is Horrendous
I have spoken to the other Neighbours they have a problem with Rats also, since this man has been living here
When he moved here, he didn’t even tell us what he was doing,
I’m not against Keeping Pigeons, and I would accepted the 20ft along the garden with racing Pigeons
But this is a money making Buisness for him, I have seen people back and fore collecting the Pigeons
Does this man need permission to do what he is doing
Thank you.
To get rid of their waste she put a compost bin on the fence adjoining our property.
This has attracted rats, they burrow under the fence and dig and kick out all of this waste into our garden, this includes all the dog poo, chicken poo and scraps of food.
We have politely informed them that this is happening, and have tried to sort the rats our side but they keep coming back. The neighbours refuse to do anything about it and don’t seem to care that I’m shovelling their dog poo and chicken poo from my garden. She isn’t the nicest of people and we just want a quiet life. As a dog boarding business is this not violating her licence? Any help would be appreciated.
Janet
Two years ago it got nasty and we had a new drive way at the front and fencing created, the neighbours then knocked there garage down and have built a fence/wall right up to the boundary area of the property where it is meant to be clear access at all time for turning circle for a car, we have a new garage at the back and need access to bring our car out.
Recently they have started to put items (Garden Box's) and what looks like garden waste right on the boundary lines, where do we stand on this? they are very aggressive and hostile neighbours?
There are now about 12 and they roost down the sideway and the droppings are
everywhere.I hose my side down and have spoken to him and told him he needs
to get his solar panels covered but after six months he has still not had this work done.
is there anyway that he can be advised where to get this work done as he also
says that the pigeons are a problem.
I am distressed by the loud pitched noise that is pretty constant in my lower ground flat. The history of ASB since I have lived here for 5 years has included several residents and the main issue of a vulnerable adult causing the main issues has now left and been re housed. However over the few years that they have moved on I now realise that many noises in the fabric of the building were not due to the above. Skunk smells are also a big problem. I am suspicious that my neighbour above me is either growing or storing skunk as the smells are periodically strong, rise and fall. I can't prove anything and as a result I believe that they have bought an extractor fan of sorts to manage smell. They may just be a heavy skunk smoker also but I cant investigate or prove or enquire without being dismissed by them or landlord. I am not standing in judge met of anyones lifestyle choices , however I do not want others smells and noises in my home significantly, unless it is acceptable life noise within acceptable hours. There is now a constant high pitched sound ( I believe from fans...or electrics from above) there is also a bathroom fan which is connected to the light in all flats which is on much of the time and not occasionally as someone uses the bathroom. This high pitched sound sets off my tinnitus, causes constant sleep disturbance and is wrecking my health. I also have my neighbours tv above my bed ( as lounge is above my bed) This tv sound late at night due to the fact that they sleep in lounge and not in bed and is often up all night is more intermittent but I am often on edge anticipating. They also have a dog and can roll the ball for the dog, give bones to chew on floor and leave dog foul in own yard until cleared up. It is stairs down to my lower yard and If I leave my windows open I get all the flies. These issues are all really hard to capture and log constantly and I have complained through all the appropriate channels with landlord, tried to talk to my neighbour, but am never taken seriously or responded too in a timely way. AlwaYS CHASING UNTIL I GIVE UP THEN GET EXASERBATED, Again and attempt again. I am done with keeping logs as it is constant.
is there any environmental health technology for reasonable measurement of high pitched sounds? Is there a case for soundproofing a lounge above a bed if the tv is disturbing through the night. In these conversions you can even hear someone above go to the loo, cough, talk if not quiet talking, walk, dog ....its really quite distressing to live here and although I recognise my own sensitivities, I feel the noise is not imagined ( which I feel I will be sidelined with), and yet I feel too intimidated as no one , including my neighbour takes me seriously and they may well be running a business or growing for own personal needs above me. My neighbour adjacent to them have damp wall issues aligned with my said neighbours bathroom /bed wall ( bedroom he never seems to use, which I find weird )
It’s located at the front of the house and smells really really strongly of washing chemicals detergents etc and comes into our living room and bedrooms! It’s not fair that we have to keep closing our windows! Can anything done to stop this, they won’t even use s condenser!
We both live in council property and the council don’t care, that it’s causing us huge stress and serious lack of fresh air, can you help!
The tumble drier is fitted into a very small confined space in a shared store cupboard directly in front of our house. It’s a shared divid storage room they housed the electric and gas metres and pipes. With no adequate ventilation, is this safe and due to overpowering smell coming into our property. Can we force them to remove this or at worse make them fit a condenser. We both have council properties and council aren’t bothered, what can we do?
Most of the time, many of the issues discussed here can be simply resolved by individuals (and local businesses, where appropriate) communicating with each other to come up with solutions and, perhaps, compromises in certain instances. However, the Act does protect your rights by law and if no resolutions can be reached, your first port of call will usually be your local authority’s Environmental Health Department who will investigate and if needed, take action to resolve the problem.
We are sick of the mess and now the problem with the aerial.
Is there anything we can do legally to stop these doves/ pigeon cross - they have obviously mated with the local wood pigeons.
Thank youB
Many thanks for any advice as we are so disappointed.
My mother lives in a semi detached house with a garage, many years ago the neighbors build a garage so close to my mother’s garage so there’s no access to do repairs . What can we do to resolve it ? Thank you
I have tried many times to resolve the problem but they insist they are bound by law to protect the safety of their residents from falling etc.if they go outside and also to protect the cars in their car park.
What can I do?
it's driving me nuts. makes me feel sick, and I get a real bad itchy nose. i feel intimidated, I've had the council here and they done nothing. tell me they cant smell nothing and just blame me. the problem is the smell is worse in the evening times and the early hrs. of the morning. by the time they do come out in the day it's not always smelly, which then makes it seem that I'm making it all up. I just don't know what else I can do. I have sealed everywhere even painted the floor hoping to at least stop the smell coming in but nothing seems to help, it still gets in. Visitors have smelt it too so i know it's not me going nuts.
if I switch the heating on its worse it's as if the odour smell reacts to heat so I have to have my heating switched off in the bedroom otherwise I can't sleep. any help would be grateful thank you.
Any advice greatly received. Thanks.
I feel lost, trapped and worry about my health -
Her kitchen is adjacent to my bedroom and no matter what time I go to bed (I work shifts so some weeks early, some weeks late), she always goes into her kitchen and spends, sometimes hours, making as much noise as she can. Her main source of noise lately has been repeatedly stepping on a squeeky floorboard but she often accompanies that by making various banging noises ie slamming drawers/cupboards, hammering on the work-top etc. This has been going on for as long as I can remember and polite yet firm notes through her door have fallen on deaf ears (she never answers her door so speaking to her directly has not been an option) . The lady who lives beneath her is also having her sleep disturbed at night. We are considering contacting the local council. Would you need to provide evidence in order to make such a complaint have any effect or is the spoken testimony of her 2 neighbours enough for action to be taken
Have I got a right to complain- this is getting very boring and frustrating now!!!!
Due to the frosty weather,when I leave for work around 0515 I start my car up to help clear the windows.
Being a newish car it's fitted with daytime running lights.
This morning the neighbour told me to switch off my headlights as they were lighting up the front of his house. He also said that he would report me.
I did tell him It was not the headlights but it was the daytime running lights which I am unable to turn off.
Am I in the wrong for this?
running them through the night we complained by phoning them the council said we should not have done this they also told them they would be monitoring them when speaking to them on the phone they said
Our local council said the noise level was ok and told us in an email not to phone them no more we are driven mad with these fans and beginning to wonder who side they are on
our council said they were
fansare unexptably
Now there has been human excrement up against the back door of our block of flats since yesterday morning. Northampton Council has been aware for over 24 hours and done nothing. I have phoned them several times with two hours between each call. Was told it would be dealt with within an hour.
Unfortunately due to having numerous problems with them in the past we no longer talk and wonder if they are stacking the poo by the fence just to irritate us further.
What can we do?
However my property is not suitable for an outside bin (as access to the property is across a neighbours front garden who will not allow us to store our bin in her garden, and the council will not allow us to store the bin on the pavement, so we are between a rock and a hard place where neither side will cooperate and as such we have no outdoor bin).
The council are now insisting that we store our non recyclable household waste (e.g nappies and sanitary products) inside of our flat for two weeks at a time. In my mind this is a health and hygiene threat and by the end of the two weeks the odor is unbearable in such a small flat.
By law can the council insist this waste remains in our property for two weeks? And if it was really ok for people to store waste inside for two weeks, why would they invest in wheely bins?
Any advice would be much appreciated!
We are looking into using eco friendly products, we dont think she will be happy, we need to do the right thing for the council and ourselves.
We think the council could have been more helpful, advising options. We felt that they were being slightly biased.
Two weeks ago I had an accident as my newish neighbours complained everytime I warmed my bike up and it was idling for 5 minutes and my bike malfunctioned as I haven't been doing this, I have now got a broken collar bone and my wife is learning how to fix my bike under my instructions, due to my accident I haven't even started my bike up for 10 days but I did two days ago because I feel a bit better and it needs a lot of work done to it, the said neighbour started shouting indirectly to me at his fence saying it was unnecessary etc this was at 11am in the day ..I feel harassed by this neighbour and seem to be taking the brunt for their previous noisy neighbours I saw him the other day out of my landing window tip toeing around his garden his poor grandchildren the other day were hollered by him to get inside in the warm weather as he's trying to make it that I can't retaliate about his noise ..is there anyone I can speak to to him me as enough is enough
My 12 yr old son suffers from asthma hay fever excma he can not have his window open due to all the pollens in her garden he is allergic to all pollens 365 days of the yr.
His skin is horrendous at the moment.
Also he is losing sleep due to her tv/radio being on at all hrs very loud.
She even hovers her walls in the early hrs.
Is there any thing we can do
I am worried about the health and safety of my children. this is due to a proposed haulage yard being built next to my property. I'm worried about the noise and the diesel fumes harming my children!! Are there any laws in place that could help me stop this from happening?
it is now sold but the mortgage people on the buyers side has told them that we have to get the party wall in the attic finished as it doesn't touch the roof.
do I have to get building reg to finish this wall as I don't want to wait and lose this sale
I have purchased 2 new ones but because I have no access through my house as im mid terrace I need to come through my neighbours adjourned on whose garden these panels are damaged
I approached the lady about what I was doing and she was fine but her husband Has point blank refused to allow us access even though he can access his garden all day long through his gate
He has tried to repair damaged panels and has attached stuff to our posts and panels without our permission to try and repair them rather than just allow us the ability to walk through with just two panels it will only take a few minutes
They just moved in two weeks ago and They are start work at 10 and finish as 2 in the morning. Using grinders and power tools with the radio on.
I have early morning starts at 4 and cannot sleep during the noise. The bloke looks the door and won't answer when I ask him to be considerate to neighbours.
He is also putting a dust extractor fan in which will blast the sawdust over my garden and is approx 8 metres from from bedroom window.
What can I do?
Is there anything we can do?
Talking to them just doesn't work, they still don't do anything.
I phoned the environmental health and they said there was no problem but this skip is a complete eye soure and a health and safety disaster waiting to happen with the garden having no fences to keep children out is there another agency I could contact
Despite a verbal agreement from the property manager that it was their responsibility to sort this out and several emails assuring me that the work would be done, nothing has happened. For the last two months, the property manager has not responded to my emails. What should I do next? I'm worried that the bad weather will cause even more damage.
It is horrible, how on earth do I stop it?
There is also the issue of 'drug dealing' that has occured next door which the police have been informed about.
2. My new neighbours upstairs bang loudly through to my ceiling on occasions, usually while I sleep and it wakes me up. They also seem to have visitors a lot so... As the new neighbours live UPSTAIRS it is difficult for visitors to access which result in random people 'shouting' from outside my flat, to the neighbours upstairs.
Could you please advise re this matter.
Thank you.
Elizabeth Pollock
My husband and I live in a tied house which comes with his job and are having horrendous difficulties with our neighbour. We have two golden retrievers who are friendly affectionate creatures. They bark when the postman comes, when we leave the house etc for approx 2 minutes. They don't bark excessively and are brought in quickly if they bark at a dog passing. Basically they just want to play. He has reported us to my husbands boss he has threatened my husband and my dog. He also makes rude hand gestures at my 15 year old daughter. When we sing to music (which isn't loud) at approx 8pm he shouts obscenities for us to shut the kitchen window. The police have the incidents logged and we are walking on eggshells living with this harassment. What should we do? With thanks, Arlene.
A builder bought a house next to us 3 years ago. He started work and never finished. The property is not lived in and he rarely visits.For the past 2 years he has parked an old transit van on what was the front garden and now an old car has appeared which is parked partly on his land and partly on the road. The whole frontage is a mess, bags of sand have been there 3 years, garden around the van overgrown etc. we are about to put our house up for sale. We live in a nice area but feel our house will be devalued. Is there anything we can do legally? Help appreciated.
is this legal? is there anything i can do about this ?
I live in a private house where we have a shared access to the rear of the houses to get to our back gates. The late stops outside the back of my garden as her garden is extended . My neighbour has decided to build a out building in her garden and dump all of the rubbish from the sheds she had and sheds and rubble out side my back gate learning up against my fence! I have asked when it will be cleared but get nothing but verbal abuse. This is only a right of way to her gate and not her land! What can I do to get her to clear it
Plus she keeps burning stuff thought Enfield was smoke free?
Thank you
The day before xmas eve 2012 we woke up to total devastation it had happened again the whole street was flooded my poor neighbour evacuated in the night on a boat :( the water stayed for about 2 days till it subsided and was drained out the property! Then my neighbours flat was left no dehumidifier or anything for a month and a half!! The housing association has since ripped everything out the downstairs flat and rebuilt it but my damp problem has gotten soo much worse its EVERYWHERE!! I have contacted the housing and they have said its condensation causing it and I have to fix it myself with mould proof paint surely it's caused by the floods and they should be fixing it? Help I'm totally confused about this :/
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