A problem with common repairs can become an official public health ‘nuisance’. An official ‘nuisance’ is something that affects people and must be ‘abated’. The health of the building cannot be used as a reason to serve a public health notice. These notices are normally served by Environmental Health Officers.
When used
This action focuses on how a nuisance affects a building’s occupiers, rather than on preventing damage to the building itself.
A nuisance can be any problem which prevents you from using or enjoying your property or is harmful to health. It is often used for problems such as dampness, but it can also cover how people use the property, such as storing items on the stair, unhygienic premises, poor refuse disposal, and noise. It can also be used on commercial premises, not just residential flats.
The notice should be flagged up in local authority searches obtained during a property sale, so could affect the sale of a property.
If an owner does not comply with the statutory notice issued by the council, they can be issued with a fixed penalty notice and be forced to pay a fine.
Follow up if no action
- Fixed Penalty Notice (£400 commercial, £150 domestic), plus fines for everyday the nuisance continues after conviction
- prosecution
Appeal procedures
- 21 days
- appeal to Sheriff Court on administrative grounds
- affordability is NOT a ground for appeal
Legal reference
- Environmental Protection Act 1990 s80Â (part III, s78 as amended)
- Public Health etc. (Scotland) Act 2008 s113 (fixed penalties and fines)
