Nuisance complaints

We receive many complaints from people about their neighbours. We would encourage anyone who is unhappy with their neighbours to speak with them in the first instance. In our experience neighbours are often unaware they are causing a problem and generally are happy to modify their actions to resolve any issue.

If you are bothered by your neighbours and have spoken to them and the problem has continued or if you are not comfortable approaching them, please do not hesitate to contact us and we will try to resolve the issue with you and your neighbour. Our aim is to reach a position where neighbours are able to live together peacefully and harmoniously.

If however our informal approach doesn't work we would then move towards using our Statutory Powers as follows:

We are able to take legal action if the problem can be defined as a "statutory nuisance".

This means that:

1. It must be prejudicial [injurious] to people's health or interfere with a person's legitimate use and enjoyment of land, such as nuisance from neighbours in their homes and gardens. The problem must be regular and persistent. For instance, a one off bonfire or noisy party would not normally be considered a nuisance.
2. It must have been included in the list of statutory nuisances by the Environmental Protection Act 1990. These include:
   • Land
   • Noise (including vehicles, machinery or equipment in the street)
   • Smoke - bonfires
   • Fumes
   • Gases
   • Dust
   • Steam
   • Smell
   • Effluvia (unpleasant or harmful outflow)
   • Animals
   • Deposits and accumulations
   • Light
   • Insects

If we believe a nuisance may exist, we will try to either record it or witness it as our officers are available 24 hours a day, 365 days a year. If it is recorded or witnessed we may serve an abatement notice - a legal request to stop the nuisance happening. If it does continue, we can prosecute the person/people responsible and seize the items causing a nuisance. If we do not consider that a statutory nuisance exists, you can consider taking private action through the courts.

Out of hours service

Fareham Borough Council offers an out of hours service.  Please phone our Out of Hours Service on 0800 374485.  This number is for a call centre who will take your details and an officer will call you back and, if available and/or appropriate, will come to your property to witness the nuisance.