With temperatures predicted to hit the mid to high 20s this weekend, and summer nearly upon us, many people will be eagerly anticipating spending more time outdoors, including in their gardens. Many households may be planning BBQs and other social events to make the most of the pleasant weather in the weeks ahead.
However, it is essential to remain considerate of your neighbours, particularly to avoid your actions and conduct being considered a nuisance. Smoking is a widespread habit for millions nationwide and could be regarded as a nuisance for neighbours if it creates disturbances for them or health concerns.
Markus Lindblad, head of legal and external affairs at Haypp, who has previously featured on BBC News, has outlined the rights people possess if their neighbour's smoking becomes problematic. He explained: "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 steps can you take if smoke from a neighbour is creating issues?
According to Gov.uk, councils are required to investigate complaints about smoke from properties that could represent a 'statutory nuisance' (under the Environmental Protection Act 1990). For the smoke to qualify as a statutory nuisance, it must fulfil one of the following criteria:
- Unreasonably and substantially interfere with the use or enjoyment of a home or other premises.
- Injure health or be likely to injure health.
It is worth noting, however, that smoking in your own home or garden is regarded as 'reasonable use' under UK law. If smoke is drifting from a neighbour's garden or window into yours, it is extremely difficult to pursue legal action or classify it as a statutory nuisance.
That said, if it is established that a statutory nuisance is occurring, has occurred or is likely to occur in the future, councils are obliged to serve an abatement notice. This requires the responsible party to cease or limit the smoke, reports the Liverpool Echo.
The notice will typically be served on the person responsible, but can also be served on the owner or occupier of the property. 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 determining whether a nuisance is statutory, reasonable use is a key factor. People are perfectly entitled to smoke in their own homes and gardens, making this more of a civil matter. As cannabis is illegal, any complaints regarding its smell should be directed to the police and will not be treated 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.
What are your rights if your neighbour discards cigarette butts in your garden?
Under the Environmental Protection Act 1990, discarded smoking materials (such as cigarette butts) are classified as litter. Local councils hold the authority to issue Fixed Penalty Notices (FPNs) to those who offend.
The penalty amount differs depending on your local council (usually ranging between £100 and £150), although courts have the power to impose fines of 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 types of smoke are and aren't covered by statutory nuisance laws
All smoke emanating from residential, business and industrial premises falls under statutory nuisance laws (unless 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 determine whether something constitutes a statutory nuisance, smoke is typically assessed by environmental health officers from the council. They can examine the volume, frequency, duration, and how unreasonable the activity is (for instance, smoke from an everyday activity such as cooking is unlikely to be deemed a statutory nuisance).
If someone emitting smoke from a chimney is served with an abatement notice and has employed the best practicable means to halt 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?
Legislation exists regarding the burning of certain types of waste and preventing bonfires from becoming a nuisance. You are prohibited from disposing of household waste if doing so would cause pollution or pose a risk to people's health. This includes burning it. Household and garden waste can be disposed of through composting or recycling.
Get in touch with your local council to find out the best way to deal with garden waste and recycling options in your area. Bear in mind that you could face a fine if you light a bonfire and allow smoke to drift across the road, creating a hazard for passing traffic.
Your council is obliged to look into complaints regarding smoke and fumes that could constitute a 'statutory nuisance'. They have the power to issue an 'abatement notice' should a neighbour's bonfire become a nuisance. If your neighbour fails to comply with the abatement notice, they could face a fine.
