With summer on the horizon and more people spending time in their gardens, the issue of neighbourly disputes over smoking is likely to resurface. Markus Lindblad, head of legal and external affairs at Haypp, has outlined the rights of those disturbed by smoke drifting from a neighbouring property.
Under the Environmental Protection Act 1990, smoke from residential or business premises may be deemed a 'statutory nuisance' if it interferes with a person's enjoyment of their home. Local councils are obliged to investigate such complaints and can issue an abatement notice requiring the smoker to cease or limit the smoke. Failure to comply can result in fines.
However, smoking in one's own home or garden is considered 'reasonable use' under UK law, making it difficult to pursue action unless the smoke is excessive or persistent. Lindblad advises keeping a detailed log of incidents, including dates, times and the impact on health, before contacting the council.
For tenants, contacting the landlord or managing agent may be effective, as tenancy agreements often include nuisance clauses. Leaseholders in blocks of flats can approach the freeholder. Smoke from commercial chimneys, industrial units or frequent bonfires is more likely to qualify as a statutory nuisance.
Cigarette butts discarded into a neighbour's garden or communal area are classified as litter under the 1990 Act. Councils can issue fixed penalty notices of £100-£150, with courts able to impose fines up to £2,500 in prosecutions. Complaints about cannabis smoke should be directed to the police, as it is illegal.
