Nuisance smells from neighbours: What can I do?

Nuisance smells from neighbours

Living near unpleasant smells can significantly impact your quality of life. Whether it’s persistent cooking odours, smoke, fumes, rotting rubbish, or animals, nuisance smells from neighbours can make it difficult to relax at home, enjoy your garden, or even open your windows. Here’s what you need to know — and what you can do about it.

What is an odour nuisance?

In legal terms, regardless of the source, a statutory nuisance includes odours that unreasonably and substantially interfere with the use or enjoyment of your home or property. An occasional unpleasant smell is unlikely to meet the legal threshold — the nuisance must be frequent, persistent, and unreasonable to qualify as a statutory nuisance.

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Nuisance smells from neighbours: What can I do?

Talk to your neighbour

Before involving authorities, it’s always better to try resolving the issue informally. Your neighbour might not even realise there’s a problem. If matters escalate to a dispute, not only could that become costly, but you also have to disclose the dispute to future potential buyers, even many years after it has been settled.

With this in mind, be polite and specific about the issue, avoiding confrontation, especially if the smell is clearly unintentional. In other words, approach your neighbour more in sorry than anger. If you are uncomfortable speaking face-to-face, consider writing a note or letter.

Keep records

As with any dispute, if the problem persists, start keeping detailed records. Collecting this evidence is likely to prove crucial if matters escalate. Keep a diary noting, among other things:

• the dates and times the smell occurs.
• the source of the smell (if known).
• how long it lasts.
• how strong it is.
• the impact it has on your daily life.

Record new information promptly and make sure to note the date and time of your diary entries.

Contact your local council

If an informal approach does not work, you can report the problem to your local council’s environmental health department. Councils are legally obliged under the Environmental Protection Act 1990 to investigate complaints of statutory nuisance.

On receiving your complaint, the council may:

• ask you to submit a log of the problem (your diary will help).
• visit your home to assess the odour.
• write to your neighbour.
• install monitoring equipment or conduct a site visit.

If they determine a statutory nuisance exists, the council can issue an abatement notice, legally requiring the responsible person to stop or reduce the odour. Breaching the notice may lead to fines or prosecution.

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What if the council will not act?

If the council decides the smell does not meet the threshold of a statutory nuisance — or fails to take action — you have other options.

Take private legal action

You can bring a case in the Magistrates’ Court under Section 82 of the Environmental Protection Act 1990. To do this, you must first give your neighbour at least 3 days’ written notice of your intention to pursue legal action and provide sufficient evidence of the nuisance (such as your diary entries, witness statements, etc.) to persuade the court. It is advisable to contact us for legal advice before pursuing private legal action.

If the court agrees that a statutory nuisance exists, they can order the neighbour to stop the nuisance and may impose a fine.

Other legal avenues

If the smell is connected to a business or farm, there may be additional regulations they need to follow, such as rules on waste disposal or agricultural odour management. Your council can look into these as well.

You might also explore whether the nuisance amounts to a breach of tenancy (in rented properties) or even a civil nuisance, where you may be entitled to damages.

Nuisance smells from neighbours: When might odours be harmful to health?

In rare cases, smells may be linked to hazardous chemicals, toxic waste, or dangerous gases. If you suspect a health risk, contact your local council’s Environmental Health team immediately, and:

• NHS 111 or your GP, if the odour is causing physical symptoms.
• the Environment Agency for industrial or large-scale issues.
• the Health and Safety Executive if the source is a workplace.

Remember, no one should have to live with unpleasant and possibly harmful smells that affect their wellbeing. Understanding your rights and the steps to take can help restore fresh air and enjoyment to your home.