If something near your home is regularly making life significantly unpleasant, you should try talking to the person responsible before reporting it to us.
If that does not work, you may be able to report it to us as an environmental nuisance, depending on whether it is classed as a statutory nuisance.
What counts as a statutory nuisance
A statutory nuisance is something that:
- seriously affects how you use or enjoy your home
- harms your health or could harm your health
A statutory nuisance is much more than just an annoyance or being aware of something.
Some examples of nuisances we deal with:
- regular smoke or fumes
- overflowing drains or septic tanks
- dust that gets into your eyes
- bags of rotting rubbish
- dirty, smelly houses with flies
- very bright lights or glare
- problems caused by keeping animals
Find out more about what’s classed as a statutory nuisance – GOV.UK.
What does not count
Some things are annoying but do not legally count as nuisances. For example:
- one off problem
- messy gardens or ugly views
- piles of stuff that are not dangerous (like old sofas or concrete)
- farm smells when muck is spread
- safety issues
- occasional smoke from wood burners in peoples homes
- weekly garden bonfires
Providing evidence
We require your personal details and a completed diary that can be used as evidence to demonstrate how the alleged nuisance affects you. We cannot provide the evidence on you behalf. You must include:
- the address of the place causing the problem, if known
- the name of the person, if known
- what’s happening, with dates and times
- your name, address, and phone number
- your email (if it is different to one you are using to email us)
- how the problem is affecting you
We never disclose your identity when reporting a nuisance. However, if our informal attempts to resolve the issue, and then any formal action such as serving a notice, are unsuccessful, you may be required to present your evidence in court. At that stage, anonymity cannot be maintained.
Your data is protected under our data policy.
If you leave out any of this information, we will not open a case.
How to report a nuisance
Email your complaint and evidence to our Environmental Health Team.
Email: [email protected]
What happens next
We will usually contact you by email or letter within 10 working days to advise whether the issue could be considered a statutory nuisance.
In the investigation process we will:
- assess your report and investigate it further based on priority
- try and fix the issue – for example, by writing to your neighbour if this where the issue is coming from
- use formal action, if needed
How long it takes depends on the situation.
If we cannot help
If we have determined that your report is not a statutory nuisance we cannot take action on your behalf.
If this is the case, the law (under Section 82 of the Environmental Protection Act 1990) allows you to make a complaint directly to the Sheriff Court. If the court decides that a nuisance exists, it will issue an order to stop the nuisance.
You might want legal advice before doing this.
If you wish to proceed you should contact the Sheriff Court – Scottish Courts and Tribunals Service.