Odour

 

What is odour?

Odour is the smell that we are able to detect from substances, usually carried by air into our nostrils. The ability of odours to be carried long distances in the air means that odours have the ability to affect a large number of people. The degree to which people are affected will however depend on the sensitivity of their sense of smell and their tolerance of the odour in question. Odours arise from a wide range of sources, the following are examples of odour from domestic sources that might lead to complaints:

• Accumulations of waste
• Decomposing animals (e.g. rodents & birds)  
• Bonfires
• DIY activities

How can the Council help with my complaint about odour?

We can take action under Section 80 of The Environmental Protection Act 1990 in cases where odour/fumes from domestic premises constitutes a statutory nuisance. The types of problems that we are able to deal with however, are restricted to the following:

• Odour/fumes from boilers etc.
• Odour/smoke from bonfires or chimneys
• Odour from accumulations of waste (e.g. dog faeces, food items etc)
• Odour due to the manner in which animals are kept at the premises    

Whether or not odour constitutes a statutory nuisance depends on several factors, including, the severity of the odour, the duration of the odour episodes, how regularly they occur, and whether they would interfere with the “average” person's reasonable enjoyment of their property. On the latter point, an unpleasant odour in someone’s garden in the winter that does not enter their house would not constitute a statutory nuisance as the “average” person would not be expected to spend significant periods of time in their garden during cold weather. However, during warmer weather they are more likely to be in the garden and therefore the same odour would be more likely to constitute a statutory nuisance.

Further information on how we deal with odour using nuisance legislation, or how you could take action yourself.

Odour/fumes from boilers

Whilst the nuisance procedures described above apply to odour/fumes from boiler flues, we also like to check at an early stage that the carbon monoxide levels experienced by the complainant as a result of the operation of the boiler do not exceed recognised safety levels. If levels are found to be unsafe then we would serve an Abatement Notice on the owner of the boiler as soon as possible requiring them take measures to ensure that these exposure levels are not breached.

Odour from filthy premises (as defined by Section 83 - Public Health Act 1936)

In some instances a build up of waste items, urine, faeces etc within a domestic property may give rise to odour problems that affect nearby residents. Should this be the case then a notice would be served on the occupier under Section 83 of the Public Health Act 1936 requiring the property to be cleansed and waste items removed. Further information on Filthy or Verminous Properties.