Statutory nuisance
A statutory nuisance is an issue that seriously affects health or interferes with the reasonable use of a property.
It’s defined under the Statutory Nuisances (Jersey) Law 1999.
A statutory nuisance must meet one or both of the following criteria:
Nuisance
An act or condition that significantly interferes with the use or enjoyment of land.
This usually affects:
- comfort
- convenience
- quality of life
Prejudicial to health
An act or condition that is harmful, or likely to be harmful, to health. This includes physical, mental, or social wellbeing.
What you can do first
Where possible, try to speak to the person causing the issue. Many problems are resolved quickly this way.
If this feels difficult, you may wish to write a letter that:
- explains the problem clearly
- focuses on facts rather than opinions
We aim to resolve issues informally wherever possible. Formal complaints can affect long term relationships.
What's considered a statutory nuisance
The law lists the following as statutory nuisances if they are harmful to health or cause a nuisance:
- the condition of a premises or property
- smoke
- fumes or gas
- artificial light
- dust, steam, smells, or other discharges from industrial, trade, agricultural, or business premises
- an accumulation or deposit
- the keeping of animals
- noise from a premises
- noise from vehicles, machinery, or equipment
- a water supply, such as polluted drinking water
- a body of water or watercourse that is foul
- tents, vans, sheds, or similar structures that are overcrowded or in a poor condition
- any other matter defined as a nuisance by regulations under the law
Feeding wild animals
The Statutory Nuisances (Jersey) Regulations 2017 identify feeding wild animals as a statutory nuisance where it:
- is harmful to health
- causes a nuisance
What's not considered a statutory nuisance
The following are excluded under the law:
- noise or disruption from road traffic
- noise from political demonstrations or campaigns
- noise from aircraft or the airport (excluding model aircraft)
- smoke from a properly installed chimney or flue
- noise from Crown services, including military or emergency services
- everyday domestic noise, such as footsteps, doors, or children playing
- smells from cooking in a domestic kitchen (unless used commercially)
- smoking in domestic premises, including gardens
- issues caused by wild animals, such as seagulls
- pest control issues where there is no clear source
- anti social behaviour or harassment
Report a statutory nuisance
To make a complaint, you must complete a Nuisance Diary and Questionnaire.
You must keep the diary for at least 14 days. If fewer than 14 days are recorded, we cannot continue the investigation.
Nuisance Diary and Questionnaire
Once received, we'll review the information and decide whether to open an investigation or close the case.
Confidentiality and anonymity
We cannot investigate anonymous complaints.
If the case goes to court, you may need to give evidence. Anonymous complaints also increase the risk of false or malicious allegations.
We keep your details confidential and don’t tell others who made the complaint. However, people may sometimes make assumptions.
What we'll do
If we open an investigation, we will:
- write to the person involved to inform them
- explain that they are under investigation, as required by law
- carry out site visits or use monitoring equipment to gather evidence
How we assess a statutory nuisance
Officers consider several factors together:
- Location – what is reasonable depends on the area. For example, farming smells are expected in rural areas
- Duration – issues lasting longer are more likely to be a nuisance
- Frequency – problems that happen often are more likely to qualify
- Intensity – how strong the issue is, often measured on a scale of 1 to 10
- Impact – how the issue would affect a reasonable person
This is an objective test and does not account for individual sensitivities or medical conditions.
If a nuisance is found
We’ll try to resolve the issue through voluntary compliance first.
Formal enforcement is a last resort.
We follow:
Abatement notice
If voluntary action does not resolve the issue, we may serve an abatement notice.
This notice:
- sets out what must be done
- gives a reasonable timeframe
Receiving a notice is not an offence.
Failing to comply is an offence and may lead to prosecution.
Appealing an abatement notice
You have the right to appeal within 21 days.
Details are included with the notice.
If a nuisance is not confirmed
If an officer visits on 3 occasions and cannot confirm a nuisance, the case will be closed.
You will be told in writing.
If your concern is anti social behaviour
If the issue relates to harassment or anti social behaviour, we may refer you to the police.
If we cannot identify the source
If we cannot find evidence of a nuisance, the case may be closed.
In some cases involving unexplained noise, we may suggest seeking medical advice.
When a case is closed
You will receive a letter explaining:
- the outcome
- that the case will not be reopened unless circumstances change
- how to request a review or appeal
If your case is closed
If your case is closed and you’re not satisfied with the decision, you can ask for a review.
A senior officer may review your case. If needed, the Head of Environmental and Consumer Protection will make the final decision.
This is the final stage of the process. Decisions are not usually reviewed again unless there is a significant change in circumstances.
You can apply for a Judicial Review through the Royal Court within 3 months of the decision.
There may be costs involved. You should seek independent legal advice before applying.
Rate our service
You can give feedback on the service you received during or after your investigation.
Your feedback:
- helps us improve our services
- is not linked to the investigation outcome
Submit feedback to the Government of Jersey
gov.je