Smoke drifting from a neighbour's property can be highly irritating, especially when it enters your own home. For non-smokers, opening a window or going into the garden only to encounter cigarette smoke is particularly frustrating.
Beyond the smell, inhaling significant amounts of secondhand smoke can cause health problems and worsen existing conditions. Rather than arguing or creating friction, there are legal steps you can take to resolve the issue.
Legal specialist Markus Lindblad from Haypp has provided advice on what individuals can do.
Your legal rights explained
Lindblad explained: "If a neighbour's excessive smoke affects your enjoyment of your home, you have the right to complain to the local council, which may investigate it as a 'statutory nuisance' under the Environment Act."
"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."
Before reporting to the council, the legal specialist advises keeping a detailed record of specific dates, times, and the intensity of the smoke. This includes noting any direct impact on your health, particularly if you have conditions such as asthma. Once enough evidence is gathered, you can proceed with legal action.
Contacting landlords or freeholders
For those in rented accommodation, Lindblad added: "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."
This means the landlord or managing agent can enforce building regulations that prohibit smoking. Alternatively, if the neighbour is a leaseholder, the freeholder may be approached to resolve the issue.
What the government says
According to Gov.UK, under the Environmental Protection Act 1990, councils are obliged to investigate complaints that could constitute a "statutory nuisance." For smoke to qualify, it must either "unreasonably and substantially interfere" with the use or enjoyment of a home or injure health, or be likely to do so.
If a council determines a statutory nuisance is taking place, it must issue an "abatement notice," requiring the person responsible to stop or reduce the smoke.
What counts as a statutory nuisance
Statutory nuisances can include excessive noise, smoke from premises, strong smells from businesses, artificial light, insect infestations, and accumulations such as rotting rubbish. Neighbours smoking in their own home or garden is generally regarded as "reasonable use" under UK law; however, if cigarette smoke drifts from a neighbouring garden or window into your home, it may be investigated as a statutory nuisance.
Environmental health officers typically evaluate complaints, weighing factors such as the volume, frequency, and duration of smoke. Certain types of smoke are exempt from statutory nuisance laws, including dark smoke from specific buildings, industrial chimneys, smoke from steam trains, and smoke from premises occupied by the armed forces or visiting forces.
Cigarette butts in your garden
Lindblad noted: "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."
