Accumulations and nuisance premises

What can we deal with?

Accumulations of filthy or rotting waste either inside a property or in the garden. Accumulations of dog faeces is considered part of this category.

Premises that are in such a state that they cause nuisance or a hazard to health.

What legislation does the council use?

There are powers under the Environmental Protection Act 1990 and the Public Health Act 1936 to deal with accumulations of rubbish that may be a nuisance or have the potential to be prejudicial to human health.

What can’t we deal with?

Cluttered and/or untidy premises (including gardens), that do not cause nuisance or a hazard to health, cannot be dealt with by this category of nuisance. 

Fly tipping is dealt with separately; get advice and find out how to report it.

Further advice

Accumulations

An example of an accumulation

We can take action when occupiers of properties allow their living conditions to become insanitary due to:

  • accumulations of human, or animal, faeces
  • waste food and other such items

When we become aware of such properties, if we are satisfied they are insanitary, we would require the occupants to remove the accumulations and clean their properties. If they are unable or unwilling to do this the council can, after following a formal process, carry out such works and charge the occupants for the works.

Nuisance premises

An example of filthy premises

This category of nuisance is there to deal with the premises condition, for example; a hole in the roof of a neighbouring premises or damp coming through an adjoining wall, which is affecting your premises. When assessing for nuisance, the whole condition of the premises will be investigated. Premises may be a statutory nuisance as a result of the cumulative impact of a number of minor defects or one major defect. If premises are defective and likely to affect the health of the occupant, action could be taken under this part of the Act to remedy the situation.

Asbestos at private residential properties may also be considered a nuisance, for example a damaged asbestos garage roof. Asbestos that is in good condition and has not been disturbed would not be considered a nuisance. If the asbestos is on a building site, please contact the Health and Safety Executive.

If, in the opinion of the local authority officer, a statutory nuisance exists as a result of the structure of premises, then action will be taken against the owners, otherwise it will be against the person responsible for the nuisance.

Premises may be in such a state that they are either a nuisance to the occupiers (an internal nuisance) or to an adjoining occupier.

The type of action would be similar to that of accumulations. In the first instance the person responsible will be approached to encourage that work is done voluntarily. Failing this, the council can take formal action requiring the works to be completed within a specified time and if necessary the council may carry out works and recharge those responsible.

Are premises or accumulations affecting you?

If a property that is in poor condition is causing you nuisance you can report it online.

Find out how to report this online

For advice about our procedures and the legislation we use please see our frequently asked questions page

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