Report property that is prejudicial to health or a nuisance

Properties that is prejudicial to health

If your neighbour’s property is defective and causing problems to your property, the Environmental Health team can require the owner to carry out repairs if the property is prejudicial to health or a nuisance (e.g. penetrating dampness that may result in health problems).

Where the owner does not carry out the works, the Council may do the works and recharge the owner.

The owner may also be prosecuted, however this is unlikely unless the owner was deliberately obstructive or there was a history of non-compliance.

Private action

You can take private action against another person using S82 of the Environmental Protection Act 1990.

If you decide on this course of action, then you must give 21 days notice to the person responsible before you make a complaint to the Magistrate’s Court.

The Court may then make an order requiring abatement of the problem, and if they so wish fine the responsible person and/or order compensation to be paid.

You should seek legal advice before resorting to private action.

Ruinous and dilapidated structures

Environmental Health Officers can require ruinous or dilapidated structures to be reinstated or demolished.

If the owner does not carry out the works within the specified time, then the Council may do the works in default and recharge the owner.

The owner may also be prosecuted in Magistrates Court, however this is unlikely unless the owner was deliberately obstructive or there was a history of non-compliance.

Rubble from demolition or collapse

If there is rubble or material that is seriously detrimental to the amenity, resulting from a collapsed structure, Environmental Health Officers can serve a notice on the owner of the land requiring them to remove the rubble or other material.

If the owner does not carry out the works within the specified time, then the Council may do the works in default and recharge the owner for the works carried out.

The owner may also be prosecuted in Magistrates Court, however this is unlikely unless the owner was deliberately obstructive or there was a history of non-compliance.

Land or buildings that are detrimental to the amenity

Where land or buildings are seriously detrimental to amenity due to their visual appearance, the Public Health Team have powers under S215 of the Town & Country Planning Act to deal with them.

This piece of legislation can be used for a variety of problems including buildings in serious disrepair, land that has overgrown vegetation or large accumulation of waste items such as scrap vehicles, engine parts, construction materials etc.

If you report a problem of this type, then an Environmental Health Officer will visit to determine whether action can be taken. If the Officer perceives that action is possible, they may then commence proceedings in accordance with Council protocol. This usually involves:

  • An initial letter to the owner advising them of the works that need to be carried out
  • If the owner does not carry out the works, then the Officer may serve a notice under S215 of the Act
  • If the notice is not complied with, then the Council may do works in default and recharge the owner and/or they may prosecute the owner

Buildings open to access

Owners of empty property can be made to secure the building by Environmental Health Officers.

Environmental Health Officers may serve a notice on the owner of the building requiring them to secure it within a specified time limit. If the owner fails to carry out the works, then the Council may carry out the works in default and recharge the owner.

Unauthorised encampments

Unauthorised encampments can cause disruption and conflict locally and can be expensive and time-consuming to clear.

Oldham Council’s protocols on Gypsy and Traveller accommodation and enforcement are set within a framework of rights and responsibilities in which everyone’s rights must be equally respected but where, at the same time, equal standards of behaviour are expected from all.

Contact the Enviromental Health Team to report unauthorised encampments.

Environmental Health Team
Chadderton Town Hall
Middleton Road
Chadderton
Oldham, OL9 6PP
Tel 0161 770 2244
Fax 0161 770 3444
Building Control
Civic Centre
PO Box 30
West Street
Oldham, OL1 1UQ
Tel 0161 770 4122
Fax 0161 770 4103