EPA 1990 s. 79

Statutory nuisances: EPA 1990 s. 79

EPA 1990 s. 79 defines statutory nuisances: smoke, noise, smells, light, animals, accumulations, etc. Council duty to inspect.

Official text EPA 1990 s. 79 — United Kingdom

Subject to subsections (1A) to (6A) below , the following matters constitute “ statutory nuisances ” for the purposes of this Part, that is to say— any premises in such a state as to be prejudicial to health or a nuisance; smoke emitted from premises so as to be prejudicial to health or a nuisance; fumes or gases emitted from premises so as to be prejudicial to health or a nuisance; any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance; any accumulation or deposit which is prejudicial to health or a nuisance; any animal kept in such a place or manner as to be prejudicial to health or a nuisance; any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance; artificial light emitted from premises so as to be prejudicial to health or a nuisance; noise emitted from premises so as to be prejudicial to health or a nuisance; noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or in Scotland, road ; any other matter declared by any enactment to be a statutory nuisance; and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below or sections 80 and 80A below and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint. No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state. Land is in a “ contaminated state ” for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that— harm is being caused or there is a possibility of harm being caused; or pollution of controlled waters is being, or is likely to be, caused; and in this subsection “ harm ”, “ pollution of controlled waters ” and “ substance ” have the same meaning as in Part IIA of this Act. Subsection (1)(b) , (fb) and (g) above do not apply in relation to premises— occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or occupied by or for the purposes of a visiting force; and “ visiting force ” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952. Subsection (1)(b) above does not apply to— smoke emitted from a chimney of a private dwelling within a smoke control area in Wales , dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land, smoke emitted from a railway locomotive steam engine, or dark smoke emitted otherwise than as mentioned above from industrial or trade premises. Subsection (1)(c) above does not apply in relation to premises other than private dwellings. Subsection (1)(d) above does not apply to steam emitted from a railway locomotive engine. Subsection (1)(fa) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected), unless they are included in respect of section 9(5) of that Act only. Subsection (1)(fb) does not apply to artificial light emitted from— an airport; harbour premises; railway premises, not being relevant separate railway premises; tramway premises; a bus station and any associated facilities; a public service vehicle operating centre; a goods vehicle operating centre; a lighthouse; a prison. Subsection (1)(g) above does not apply to noise caused by aircraft other than model aircraft. Subsection (1)(ga) above does not apply to noise made— by traffic, by any naval, military or air force of the Crown or by a visiting force (as defined in subsection (2) above), or by a political demonstration or a demonstration supporting or opposing a cause or campaign. In this Part— “ airport ” has the meaning given by section 95 of the Transport Act 2000; “ appropriate person ” means— in relation to England, the Secretary of State; in relation to Wales, the National Assembly for Wales; “ associated facilities ”, in relation to a bus station, has the meaning given by section 83 of the Transport Act 1985; “ bus station ” has the meaning given by section 83 of the Transport Act 1985; “ chimney ” includes structures and openings of any kind from or through which smoke may be emitted; “ dust ” does not include dust emitted from a chimney as an ingredient of smoke; “ equipment ” includes a musical instrument; “ fumes ” means any airborne solid matter smaller than dust; “ gas ” includes vapour and moisture precipitated from vapour; “ goods vehicle operating centre ”, in relation to vehicles used under an operator's licence, means a place which is specified in the licence as an operating centre for those vehicles, and for the purposes of this definition “ operating centre ” and “ operator's licence ” have the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995; “ harbour premises ” means premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition “ harbour area ” and “ harbour operations ” have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990; “ industrial, trade or business premises ” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purposes of manufacturing; “ lighthouse ” has the same meaning as in Part 8 of the Merchant Shipping Act 1995; “ local authority ” means, subject to subsection (8) below,— in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively; in England and Wales outside Greater London, a district council; . . . in Wales, a county council or county borough council; the Council of the Isles of Scilly; and in Scotland, a district or islands council or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; “ noise ” includes vibration; “ person responsible ”— in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable; in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under the Vehicle Excise and Registration Act 1994 and any other person who is for the time being the driver of the vehicle; in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment; “ prejudicial to health ” means injurious, or likely to cause injury, to health; “ premises ” includes land and, subject to subsection (12) and , in relation to England and Wales, section 81A(9) below, any vessel; “ prison ” includes a young offender institution; “ private dwelling ” means any building, or part of a building, used or intended to be used, as a dwelling; “ public service vehicle operating centre ”, in relation to public service vehicles used under a PSV operator's licence, means a place which is an operating centre of those vehicles, and for the purposes of this definition “ operating centre ”, “ PSV operator's licence ” and “ public service vehicle ” have the same meaning as in the Public Passenger Vehicles Act 1981; “ railway premises ” means any premises which fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993; “ relevant separate railway premises ” has the meaning given by subsection (7A); “ road ” has the same meaning as in Part IV of the New Roads and Street Works Act 1991; “ smoke ” includes soot, ash, grit and gritty particles emitted in smoke; “ street ” means a highway and any other road, footway, square or court that is for the time being open to the public; “ tramway premises ” means any premises which, in relation to a tramway, are the equivalent of the premises which, in relation to a railway, fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993; and any expressions used in this section and in the Clean Air Act 1993 have the same meaning in this section as in that Act and section 3 of the Clean Air Act 1993 shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it. Railway premises are relevant separate railway premises if— they are situated within— premises used as a museum or other place of cultural, scientific or historical interest, or premises used for the purposes of a funfair or other entertainment, recreation or amusement, and they are not associated with any other railway premises. For the purposes of subsection (7A)— a network situated as described in subsection (7A)(a) is associated with other railway premises if it is connected to another network (not being a network situated as described in subsection (7A)(a; track that is situated as described in subsection (7A)(a) but is not part of a network is associated with other railway premises if it is connected to track that forms part of a network (not being a network situated as described in subsection (7A)(a; a station or light maintenance depot situated as described in subsection (7A)(a) is associated with other railway premises if it is used in connection with the provision of railway services other than services provided wholly within the premises where it is situated. In this subsection “ light maintenance depot ”, “ network ”, “ railway services ”, “ station ” and “ track ” have the same meaning as in Part 1 of the Railways Act 1993. In this Part “ relevant industrial, trade or business premises ” means premises that are industrial, trade or business premises as defined in subsection (7), but excluding— land used as arable, grazing, meadow or pasture land, land used as osier land, reed beds or woodland, land used for market gardens, nursery grounds or orchards, land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the appropriate person, and land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981), and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond. For the purposes of subsection (7C)— “ agricultural ” has the same meaning as in section 109 of the Agriculture Act 1947; “ agricultural unit ” means land which is occupied as a unit for agricultural purposes; “ drain ” has the same meaning as in the Water Resources Act 1991; “ lake or pond ” has the same meaning as in section 104 of that Act; “ sewer ” has the same meaning as in that Act. Where, by an order under section 2 of the Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, or in Scotland where by an order under section 172 of the Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, the port health authority , port local authority or joint port local authority, as the case may be shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part in relation to statutory nuisances other than a nuisance falling within paragraph (fb), (g) or (ga) of subsection (1) above and no such order shall be made assigning those functions; and “ local authority ” and “ area ” shall be construed accordingly. In this Part “ best practicable means ” is to be interpreted by reference to the following provisions— “ practicable ” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications; the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures; the test is to apply only so far as compatible with any duty imposed by law; the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances; and, in circumstances where a code of practice under section 71 of the Control of Pollution Act 1974 (noise minimisation) is applicable, regard shall also be had to guidance given in it. A local authority shall not without the consent of the Secretary of State institute summary proceedings under this Part in respect of a nuisance falling within paragraph (b), (d) , (e) , (fb) or (g) and, in relation to Scotland, paragraph (ga) , of subsection (1) above if proceedings in respect thereof might be instituted under Part I of the Alkali &c. Works Regulation Act 1906 or section 5 of the Health and Safety at Work etc. Act 1974. or under regulations under section 2 of the Pollution Prevention and Control Act 1999. The area of a local authority which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection (12) and , in relation to England and Wales, section 81A(9) below, this Part shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection— as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and with such other modifications, if any, as are prescribed in regulations made by the Secretary of State. A vessel powered by steam reciprocating machinery is not a vessel to which this Part of this Act applies.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

Section 79 is the list. Nothing is a statutory nuisance in England and Wales unless it falls inside one of the lettered paragraphs of subsection (1): premises in such a state as to be prejudicial to health or a nuisance; smoke; fumes or gases; dust, steam, smell or other effluvia; an accumulation or deposit; an animal kept in such a place or manner; insects; artificial light; noise from premises; and noise from a vehicle, machinery or equipment in a street. If the thing you are complaining about is not on that list, the rest of Part III - the abatement notice in section 80, the private complaint in section 82 - has nothing to bite on.

Two details in the wording decide most arguments. First, each paragraph reads "prejudicial to health or a nuisance". Those are alternatives, not a single test: a complaint can succeed because the thing is a nuisance in the ordinary law-of-nuisance sense of a substantial interference with the enjoyment of your home, without any evidence that it is making anyone ill. Second, the paragraphs are not symmetrical. Smell is only in the list when it arises on "industrial, trade or business premises", so a restaurant extractor is in and a neighbour's cooking is not. Fumes and gases only count when they come from a private dwelling. Insects only count from relevant industrial, trade or business premises. Noise expressly "includes vibration", and section 79(1)(ga) covers noise from a vehicle, machinery or equipment in the street - but subsection (6A) takes out traffic noise, and subsection (6) takes out aircraft other than model aircraft.

The second half of the section is the council's duty and the vocabulary everything else uses. The local authority must inspect its area from time to time, and where a person living in its area complains of a statutory nuisance it must "take such steps as are reasonably practicable to investigate the complaint". Subsection (7) then defines the terms the later sections turn on, including "person responsible" - the person to whose act, default or sufferance the nuisance is attributable - and subsection (9) defines "best practicable means", which is the defence a business will run when it is prosecuted under section 80. Whether a particular noise or smell crosses the line is a question of fact for the council's officer or the magistrates, judged on evidence such as diary sheets, recordings and monitoring.

When it applies

  • Music, shouting or a barking dog from a neighbouring house or flat, night after night.
  • A heat pump, extractor motor or refrigeration unit running constantly on the wall of a business next door.
  • Frying smells from a takeaway or restaurant reaching the windows of the flats above.
  • A garden or yard piled with rubbish that has become a rat run.
  • Chickens, pigeons or dogs kept in numbers or conditions that make the neighbouring gardens unusable.
  • A security light or floodlight shining into a bedroom all night.

What this section does not say

  • It is not a general power to deal with anything annoying. The list in subsection (1) is closed, and complaints about things not on it - a neighbour's untidy but harmless garden, an unpleasant view, most one-off events - fail at this first step.
  • It does not make domestic cooking smells a statutory nuisance. Smell is only within paragraph (d) when it arises on industrial, trade or business premises.
  • It does not cover traffic noise or aircraft noise. Subsection (6A)(a) excludes noise made by traffic, and subsection (6) excludes noise caused by aircraft other than model aircraft.
  • It sets no decibel limits and no hours. There is no number in this section; whether noise is "prejudicial to health or a nuisance" is judged on the facts, separately from any planning condition, licence condition or noise limit set under other legislation.
  • It does not itself give you a remedy or any money. Section 79 only defines the category and imposes the duty to investigate; the enforcement is in sections 80 to 82.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A flat sits directly above a hot-food shop. The extraction unit runs until well past midnight, the frying smell reaches the bedroom windows, and the occupier upstairs has stopped opening them. The shop says smells come with the territory of living above a restaurant.

How the wording applies

Two different paragraphs of subsection (1) are in play, and they are not symmetrical. Noise from premises is on the list whatever the premises are, but smell is only within paragraph (d) when it arises on industrial, trade or business premises. The fact the answer turns on is that the source is a business rather than a home: identical cooking smells from a neighbour's kitchen would not reach the list at all. Beyond that the section fixes no hours and no measurement - whether it is prejudicial to health or a nuisance is judged on the facts.

How the parties settled it

The shop agrees to service the extraction unit, fit a new filter within a month and stop extracting after ten at night on weekdays; the occupier upstairs agrees to raise any recurrence with the manager first and give a fortnight before going back to the council.

Illustrative example

A dog is left alone in a terraced house through the working day and barks for most of it. The neighbour on the other side of the party wall works night shifts and sleeps in the afternoon. The owner says the dog is only ever noisy for a few minutes.

How the wording applies

This can sit under two paragraphs at once: noise emitted from premises, and an animal kept in such a place or manner as to be prejudicial to health or a nuisance. The wording is 'prejudicial to health or a nuisance', and those are alternatives, so no medical evidence is needed if the interference with ordinary enjoyment of the home is substantial enough. What the case actually turns on is duration and pattern rather than volume - a few minutes is a different fact from most of the day, and only a dated record shows which it is.

How the parties settled it

The owner arranges a midday dog walker on the three longest days and moves the dog's bed away from the party wall; both keep a simple dated note for two months and agree to sit down again only if the note shows no change.

Illustrative example

A security floodlight mounted high on a house wall is triggered by cats and passing cars through the night. It shines straight into the bedroom of the house opposite, which has thin curtains. The owner says it is there because of a break-in.

How the wording applies

Artificial light emitted from premises is on the list at paragraph (fb), so the complaint gets past the first gate that stops most neighbour complaints. There is no brightness figure and no curfew anywhere in the section. The fact it turns on is where the light falls and how often the sensor fires, because that is what decides whether this is security lighting or a nuisance in fact - the owner's reason for installing it does not answer that question either way.

How the parties settled it

The owner re-aims the lamp downwards, fits a shield to the bedroom side and shortens the sensor timer; the neighbour accepts the light operating normally at the front door and drops the complaint.

The same problem elsewhere

The other legal systems in this collection answer the same everyday problem with their own provisions.

The comparison and these one-line summaries are in English.

Noise from the neighbours: what the law says in seven countries

Read the full comparison →

Related sections

EPA 1990 s. 80 Section 80 Environmental Protection Act 1990: abatement notices and appeals EPA 1990 s. 81 Council works in default & cost recovery: EPA 1990 s. 81 EPA 1990 s. 82 Three or twenty-one days' notice – EPA 1990 s. 82

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This page reproduces the text of EPA 1990 s. 79 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.

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