Abatement of Statutory Nuisance

Environmental Protection Act 1990, s.81

Warrant: No
Force: No
Notice: Yes

Where a local authority has served an abatement notice in respect of a statutory nuisance (such as noise, smoke, fumes, dust, odour, or accumulations prejudicial to health) and the notice has not been complied with, an authorised officer may enter the premises to carry out any works necessary to abate the nuisance. This power is commonly used for persistent noise complaints, bonfires, and accumulated refuse.

Conditions

An abatement notice must have been served under s.80 and not complied with
The officer must be authorised by the local authority
A warrant from a justice of the peace is required if admission is refused or the premises are unoccupied

Limitations

This is a local authority power: police may assist but do not exercise it directly
The local authority may recover the costs of abatement works from the person responsible for the nuisance
Contravention of an abatement notice is a criminal offence

Last updated 24 September 2026