Neighbouring property causing damage to my home | If your landlord is not carrying out repairs to your home | Oldham Council

2. Neighbouring property causing damage to my home

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.

Badly damaged buildings or garages

Environmental Health Officers can take action to make a building owner repair their building, if its falling to pieces and likely to cause injury to someone. 

If it can’t be repaired, Environmental Health Officers have the authority to make the owner demolish it.

Waste marerial from demolition or collapse

If there is rubble or waste 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 waste 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.

Buildings open to access

Environmental Health Officers can make owners of empty buildings secure their building.

They will serve a legal notice on the owner giving them a time to secure the building and if they don’t the Council can secure the building and charge the owner for the cost of doing the work.