Alleged Nuisance - Investigation

Many people do not realise they're causing a nuisance, so before you make a complaint we recommend you try to talk to the person and politely tell them about the problem if you feel able to do so and give them opportunity to resolve the situation.

How to Report a Nuisance

You must (be able to identify, know) the address the problem is coming from. 

Council Property - If your complaint is from a Council property  please contact tenancy services on Anti-Social Behaviour (ASB) and Tenant Safety (Opens in a New Window)

Anti-social Behaviour - If your complaint is about anti-social behaviour, please visit our communities page at Anti Social Behaviour (Opens in a New Window)

Housing Association - If you and your neighbour live in a Housing Association or rented property, you should first discuss your problem with your landlord. Most Conditions of Tenancy include a requirement that tenants do not cause disturbance to neighbours.

Statutory Nuisance Investigation

Broxtowe Borough Council is responsible for investigating complaints regarding statutory nuisances under the Environmental Protection Act 1990. A statutory nuisance is defined as something that unreasonably and substantially interferes with the use or enjoyment of a home or premises, or is likely to injure health.  Loud music, regular barking dogs, odour, light and smoke issues may be a statutory nuisance. 

If your neighbour continues to cause an alleged nuisance, contact us at health@broxtowe.gov.uk

Exceptions: 

• Behaviour that does not fit the legal definition of statutory nuisance (for example., general daily household noises (including everyday living noise caused by poor sound insulation and general comings and goings, noise from common parts etc.)), children playing outside, cooking smells from non-Commercial sources, cigarette smells, might not be investigated as a formal complaint.
• Anonymous complaints.  The Council will not investigate anonymous complaints. Complainant and offending addresses must be provided
• A nuisance from Crown or MOD premises,
• Noise from Statutory Undertakers (e.g. Water, Gas, Highways, Network Rail, Tram network etc.) These must be sent to the individual companies directly via their customer services.
• Road Traffic Noise
• Aircraft Noise
• Hypersensitive complainants – those who are unduly sensitive, more than the ordinary person, as case law does not allow enable us to do so. For example, this may be due to a low tolerance or a pre-existing medical conditions.

How we investigate your complaint.

Initial Action: 

If we can investigate your complaint, we'll contact the person you've complained about. This will tell them that a complaint has been made and ask them to consider ways to stop their actions from being a nuisance. We will not tell them who has made the complaint.  While your details are not released, they may be able to assume who made the complaint against them

At the same time, we’ll send you a diary sheet to fill in if the situation continues.  Once you have completed and signed the diary sheets return them to us. The diaries are important as they may be used as evidence in court. The entries must be accurate as it will undermine the case if evidence is exaggerated, inaccurate or falsified. We will not investigate complaints

Investigation Process

• Assessment:   We'll will assess the diary sheet and any other relevant information to determine the extent of the alleged nuisance.  Officers assess complaints based on time, duration, frequency, and severity to determine if it is "unreasonable" to the average person and whether on face value it would be actionable.
• Officer Visits: The Council’s investigation processes require that an Officer needs to visit (and may need to make a number of visits) to assess if the nuisance represents a statutory nuisance.   Visits can be made at times when the nuisance is likely to occur including outside office hours.  If we are unable to conduct a full assessment, then it is unlikely that any further formal action would follow.
• Noise Monitoring:  The council may install noise monitoring equipment in your home up to a maximum of 3 times. You may also be asked to submit some initial short recordings through the Noise App.  In most cases it will still be necessary for an officer to witness the noise before formal action can be taken.
• Informal Action: Before serving a formal notice, the council will usually issue a warning letter to the offender. 

Formal Enforcement
If the council is satisfied that a statutory nuisance exists, has occurred, or will occur, they are legally required to serve an Abatement Notice.

• Abatement Notice Action: This notice requires the person responsible to stop or restrict the noise/nuisance.

Other Action:

• Referral:  In some circumstances, other departments or organisations may have alternative legislation and options for dealing with your issue and you will be signposted to them.
• Mediation:  Mediation may be useful where there are several neighbour issues or a breakdown of a relationship between neighbours.  This is available at any stage of an investigation.  For further information see The Broxtowe Mediation Partnership | Citizens Advice Broxtowe (Opens in a New Window)
• Prosecution: Breach of an abatement notice without reasonable excuse is a criminal offence.  The Council may commence legal proceedings for breach of the abatement notice.   This will depend on the individual circumstances of the case including whether it is in the public interest to do so.
• Works in Default: If the notice is ignored, the council may carry out the necessary works themselves ("works in default") and charge the costs back to the offender.  This will depend on the nature of the statutory nuisance.
• Seizure: In noise cases, the council has the power to seize equipment causing the statutory nuisance.
• Other legal action:  If the council is not satisfied that a statutory nuisance exists, but there are breaches of other legislation or rules (such as planning conditions or Licence conditions), they may take alternative action in accordance with the Council’s Enforcement Policy. The Council will not take action for ‘civil disputes’ where a civil remedy exists such as boundary disputes and trespass etc.  

If it's not a statutory nuisance

There may be occasions, where despite all efforts, the Council will not be able to establish a statutory nuisance or the view of the investigating Officer is different to the complainant.  If for whatever reason, we cannot take action to stop a nuisance, or you do not want to involve us, you can still take your own private action for nuisance via the Magistrates Court under Section 82 of the Environmental Protection Act 1990.  It is recommended that you seek further independent legal advice before commencing any private action.

Alarms

Alarms going off accidentally can be annoying for everyone nearby. Registering a key holder for your premises or property can save you aggravation and expense if your alarm goes off accidentally when you are out or away. If people are not registered or a key holder cannot be contacted, the Council may have to silence the alarm under Notice and recover costs from the homeowner - which could amount to around £300.

Residents can register their burglar alarm with environmental health by completing an Intruder Alarm & Key Holder Information Form. (Opens in a New Window) The service uses the information - which includes a key holder who can be contacted in an emergency - if people are away from home and the alarm is causing a nuisance to other residents.