Nuisances

A 'statutory nuisance' must:

• Unreasonably and substantially interfere with the use or enjoyment of a home or premises, or
• Injure health or be likely to injure health.

If you have already been advised that your complaint is not a statutory nuisance then you may be able to take action yourself under Section 82 of the Environmental Protection Act 1990. You may wish to consider taking legal advice before proceeding. If you wish to proceed you should contact the Sheriff Court.

For advice and guidance on specific types of noise, please see below:

Barking dogs

The Community Safety team have advice that may be helpful: Dog barking

Bonfires and smoke

Advice on bonfires and smoke can be found here: Bonfires and smoke

Dirty houses

If a house is very smelly or is a source of vermin then this may be a statutory nuisance. Please email environmentalhealth@dumgal.gov.uk with details of your complaint and we will contact you back within 10 working days, unless the matter is very urgent.

Drains and septic tanks

If you are connected to the mains then Scottish Water may be able to help. If you are served by private drainage then it is your responsibility to deal with problems, even if the issues are not on your land. You may be able to find a suitable trader on our Trusted Trader web page. If the issue is caused by someone else and you cannot resolve it then please email environmentalhealth@dumgal.gov.uk and we will contact you back within 10 working days, unless the matter is very urgent.

Dust

If someone is unreasonably creating dust and it is getting into your eyes, nose, or mouth then this may be a statutory nuisance. Please email environmentalhealth@dumgal.gov.uk with details of your complaint and we will contact you back within 10 working days, unless the matter is very urgent.

Gardens - overgrown or untidy

If you would like to report someone's garden as being overgrown or untidy there may not be much we can do. If it is owned by a housing association then they may be able to help. Otherwise it may be considered as a form of antisocial behaviour.

Giant Hogweed

This is a non-native species and advice and guidance can be found on the Nature Scot website.

Insects

Sometimes insects in large number scan be worrying. If you are worried about insects then please email environmentalhealth@dumgal.gov.uk with details and we will contact you back within 10 working days, unless the matter is very urgent.

Light and glare

If you are suffering due to artificial lights shining into your living room or bedroom then we may be able to investigate this. If the light is shining into other rooms in your property, then it is unlikely that we will be able to do anything. In any case, you should close your curtains first. If the light is still causing a problem, then please email environmentalhealth@dumgal.gov.uk with details and we will contact you back within 10 working days, unless the matter is very urgent. Further guidance is available here.

Commercial Noise

This is the most complained-about nuisance and often does not classify as a statutory nuisance, despite being annoying and upsetting.  Please use this form so that we can advise you if your complaint is a statutory nuisance. If it is not a statutory nuisance, then we will be able to advise you of other things that might help.

Slurry spreading

Farming is an important part of the economy in Dumfries and Galloway and slurry spreading is an accepted part of farming practice, although it should still be done with care and consideration. Late winter and late summer/early autumn are the times of year that slurry spreading often takes place, although it can be at other times when conditions are suitable. There will always be a smell from slurry spreading but these can sometimes be extremely unpleasant. We may not be able to take any formal action against the farmer if they are doing everything they can to minimise the smell. This Code of Practice may help you to decide if the slurry spreading is being done in an acceptable way. We may be able to investigate if it is not. Please email environmentalhealth@dumgal.gov.uk and we will contact you back within 10 working days unless the matter is very urgent.

Smells

Strong smells can be upsetting. If you are bothered by offensive smells which affect you at home then please email environmentalhealth@dumgal.gov.uk and we will contact you back within 10 working days unless the matter is very urgent. We will not be able to help if the smell is caused by normal domestic activities such as cooking, and some industrial smells come under the remit of SEPA. We will pass your details, with your permission, to SEPA if your complaint comes under their remit.