A legal and external affairs expert has shared advice on steps people can take
With the temperature forecast to reach the mid to high 20s this weekend, and summer just around the corner, plenty of people will be looking forward to spending more time outside, including in their garden. Many may plan BBQ parties and other social gatherings to take advantage of the balmy weather over the coming weeks.
However, it is important to remain mindful of your neighbours, especially to avoid your actions and behaviour being deemed a nuisance. Smoking is a common habit for millions across the country and could be viewed as a nuisance for neighbours if it causes disturbances for them or health issues.
Head of legal and external affairs at Haypp, Markus Lindblad, who has previously appeared on BBC News, has shared the rights people have if their neighbour’s smoking becomes a nuisance. He said: “If a neighbour’s excessive smoke affects your enjoyment of your home, you have the right to complain to the local council, who may investigate it as a ‘statutory nuisance’ under the Environment Act.”
What can you do if smoke from a neighbour is causing problems?
According to Gov.uk, councils must investigate complaints about smoke from premises that could constitute a ‘statutory nuisance’ (under the Environmental Protection Act 1990). For the smoke to count as a statutory nuisance, it must do one of the following:
- Unreasonably and substantially interfere with the use or enjoyment of a home or other premises.
- Injure health or be likely to injure health.
However, it is important to note that smoking in your own home or garden is considered a ‘reasonable use’ under UK law. If it is drifting from a neighbour’s garden or window into yours, it is very difficult to take legal action or classify it as a statutory nuisance. However, if it is agreed that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice. This requires whoever’s responsible to stop or restrict the smoke.
The notice will usually be served on the person responsible, but can also be served on the owner or occupier of the premises. Markus Lindblad added: “If the council determines a statutory nuisance is occurring, an abatement notice will be issued, and failure to comply could result in fines for the smokers.”
When figuring out statutory nuisances, reasonable use is important. It’s fair for people to smoke in their own homes and gardens. This is more of a civil issue. Since cannabis is illegal, if there are complaints about its smell, those should be reported to the Police. This won’t be handled as a statutory nuisance.
Markus Lindblad continued: “Before escalation, it is recommended to maintain a comprehensive log, documenting specific dates, times, and the severity of the smoke, as well as its direct impact on your well-being, particularly if you have pre-existing health conditions like asthma. Once sufficient evidence has been gathered, you may then proceed to contact your local council.
“For those in rented accommodation, if your neighbour is a tenant in social or private housing, you can contact their landlord or managing agent, as they might often have a ‘nuisance clause’ in their tenant agreement, which means the landlord or managing agent can enforce building regulations. Alternatively, if they are a leaseholder in a block of flats, the freeholder may be contacted to resolve the matter.”
Liverpool City Council says it can help address loud parties spilling onto the streets, disturbances outside the property boundary, and neighbour disputes. However, it does not deal with smells from cooking, one-off parties such as BBQs, or birthday or Christmas parties, provided they don’t cause an unacceptable disturbance.
It adds: “If anti-social behaviour is causing alarm or distress to you or the community where you live you should report it”. For anti-social behaviour and neighbourhood disputes, you can:
What are your rights if your neighbour leaves cigarette butts in your garden?
Under the Environmental Protection Act 1990, thrown-away smoking items (such as cigarette butts) are defined as litter. Local councils have the power to issue Fixed Penalty Notices (FPNs) to offenders.
The fine amount varies by local council (typically between £100 and £150), though courts can fine up to £2,500 for prosecutions. Markus Lindblad said: “If your neighbour discards cigarette butts into your garden or a communal area, you can report it as littering under the Environmental Protection Act 1990, which can result in a fine of up to £150 for the offender.”
What kind of smoke is and isn’t covered by statutory nuisance laws
All smoke from residential, business and industrial premises is covered by statutory nuisance laws (unless it’s exempt). However, the following types of smoke are not covered by statutory nuisance laws:
- dark smoke from chimneys of buildings or from chimneys serving fixed boilers or industrial plants that are attached to buildings or on land
- smoke from steam trains
- smoke from premises occupied by the armed forces or visiting forces
To work out whether it’s a statutory nuisance, smoke is usually assessed by environmental health officers from the council. They can look at the amount, how often it happens, for how long, and how unreasonable the activity is (for example, smoke from an everyday activity like cooking is unlikely to be a statutory nuisance).
If someone emitting smoke from a chimney is served with an abatement notice and they’ve used the best practicable means to stop or reduce the smoke, they may be able to use this as one of the following:
- grounds for appeal against the abatement notice
- a defence, if prosecuted for not complying with the abatement notice
What about smoke from garden bonfires?
There are laws about burning certain types of waste and preventing bonfires from causing a nuisance. You cannot get rid of household waste if doing so would cause pollution or harm people’s health. This includes burning it.
You can get rid of household or garden waste by composting or recycling it. Contact your local council to find out how to dispose of garden waste and about recycling in your area. You could be fined if you light a fire and let the smoke drift across the road, posing a danger to traffic.
Your council has a responsibility to investigate complaints of smoke and fumes that could be a ‘statutory nuisance’. They can issue an ‘abatement notice’ if a neighbour’s bonfire is causing a nuisance. Your neighbour can be fined if they do not comply with the abatement notice.
