Neighbour nuisance
Neighbour disputes can have a significant impact on all those involved.
In the first instance we would always recommend talking to your neighbour about the problem. They may not realise that they are causing a nuisance. If you don’t feel able to talk to them face-to-face then you can always put a polite note through the door.
We have gathered relevant further information on this page to help support you and run an in-person support group for those affected by neighbour-related nuisance. Click the links below to jump to the section you'd like to read about.
Join our support group
The Council runs a support group for those affected by neighbour related nuisance. If you would like more information about this click the button below to register or contact a member of the Community Safety Team: communitysafety@horsham.gov.uk.
Register for Neighbour Nuisance support group
My neighbour is very noisy
No home or flat is completely sound proof so we can expect a little noise from our neighbours, however sometimes this can get too much and become unbearable. Noise nuisance can include:
- Loud music
- Dogs barking
- DIY
Children playing noisily in the garden, on a trampoline or playing football in the street, will not be considered as anti-social and is not a statutory noise nuisance.
What can I do about noise nuisance?
If you have made your neighbour aware of the noise nuisance and it is continuing then:
- If you live in a rented property you should make the landlord aware
- If you live in a privately owned property you can contact the Council’s Environmental Health Team
What can the Council do about noise nuisance?
If you contact the Environmental Health Team, you will be sent an incident diary to log when the noise occurs and how it affects you. You will normally be asked to complete this for 12 weeks and then return it to the Council.
When they have received the log an Officer will consider whether the level of nuisance (type of nuisance, duration, occurrence and time) meets the threshold for further action to be taken.
It may then be that they decide to install sound monitoring equipment into your property. If this provides sufficient to demonstrate a ‘statutory noise nuisance’ then a noise abatement notice will be served.
What can the landlord do about noise nuisance?
Tenants sign a tenancy agreement when they move into the property. This normally includes a condition around anti-social behaviour. If it can be demonstrated that tenants are in breach of their tenancy agreement, then the landlord will have a process that they follow to take action against the tenant. This usually starts with a verbal and/or written warning to the tenant.
What can the Police do about noise nuisance?
The Police do not usually get involved in noise related issues and will often advise that contact be made with the Environmental Health Team.
Garden issues
For all of the issues listed below we would always recommend that in the first instance you try to speak to your neighbour. Often people don’t realise they are causing a nuisance and a friendly word can sort things out.
My neighbour's garden is overgrown
There are strict laws on what you can and cannot do. You cannot trespass onto the gardens of neighbours to remove any rubbish or foliage.
If a neighbour’s hedge, brambles or tree are causing problems on your side of the boundary, you are entitled to prune or remove anything that comes over onto your side of the boundary - although, by law, you should offer any clippings back to your neighbour.
What the Council can do
The Council has powers to help maintain the standard of the local environment. Land or buildings in an unsightly condition that may be 'detrimental to the amenity of the neighbourhood'.
The Council can serve a notice by virtue of Section 215 of the Town & Country Planning Act 1990 (as amended) on the owner or occupier of land, where in the opinion of the Local Planning Authority, it appears that the amenity of the area is being adversely affected by the condition of neighbouring land or buildings. This notice would require the situation to be remedied, and would set out the steps that need to be taken, and the time within which they must be carried out.
For further information visit our Report an alleged planning breach webpage
My neighbour's garden has lots of rubbish in it
If the rubbish contains material that is likely to rot (such as discarded food) and it is causing a nuisance to neighbours or attracting vermin such as rats or mice then our Environmental Health team will investigate. ehl@horsham.gov.uk
Inert materials which are just unsightly are unlikely to be a statutory nuisance but may warrant further investigation by the Council’s Planning Enforcement team.
For more information, email planning.compliance@horsham.gov.uk or visit our Report an alleged planning breach webpage.
My neighbour is leaving food for foxes in the garden
It is not illegal to feed foxes and some people get enjoyment from doing so. However, various wildlife charities discourage the feeding of foxes as it makes them become lazy and dependent on human intervention. In some cases, attracting foxes into an area can lead to damage to property.
If you have spoken to your neighbour and made them aware of the issue but they are persisting in feeding the foxes it may be that the Council can send them a letter asking them to refrain from doing so but as it is not illegal the Council has limited powers to do anything further.
Hedges and trees
You will generally have rights under Common Law to trim the side of your neighbour’s hedge where it overhangs into your garden.
However, you normally have no rights to trim its height, and could be charged with criminal damage if you carry out such works yourself.
It is against the law to disturb birds’ nests within the nesting season, which is from 1 March to 31 July. It is therefore important that you check the hedge before carrying out any trimming works.
If you feel that your neighbour’s hedge is too tall, you should always in the first instance contact them to discuss the matter. A 2m high hedge, within urban areas, is usually recommended as a reasonable height to prevent you being overlooked.
If you feel that your neighbour’s hedge is too tall or are not sure whether or not the hedge is protected then please visit our Hedges and high hedge disputes page or contact our Trees team at trees@horsham.gov.uk for further advice.
Barbecues and bonfires
Having a garden bonfire almost anywhere in the Horsham District is likely to be seen as anti-social by many residents. Horsham District does not have any smoke control areas or bylaws with restrictions on bonfires.
However, Horsham District Council strongly advises against having garden bonfires. Not only are they anti-social, but they are also not the best environmental option, and produce pollutants that are damaging to your health. There are always more responsible alternatives than burning garden waste.
If a person has bonfires on a regular basis, then we may be able to help. Please visit our Smoke nuisance from bonfires page or contact our Environmental Health Team at ehl@horsham.gov.uk for more advice.
I feel my neighbour's CCTV is intrusive
If your neighbour lives in a rented property (either private or social housing), there may be limitations on using CCTV on the premises. It is therefore advisable to contact the landlord and make them aware that you feel your neighbour's CCTV is intruding into your privacy.
What does the law say about home CCTV?
If a CCTV system captures images and/or audio recordings of other people outside the boundary of a private domestic property, then the General Data Protection Regulation (GDPR) and Data Protection Act 2018 (DPA) apply. This means that the CCTV owner becomes a Data Controller and must abide by the legal obligations. If within private boundaries, data protection laws don’t apply.
Data protection law says that people who capture images or audio recordings from outside their property boundary using a fixed camera, such as CCTV camera or smart doorbell should:
- Tell people that they are using recording equipment by way of a sign.
- In most circumstances, provide some of the recording if asked by a person whose images have been captured.
- Regularly or automatically delete footage.
- Delete recordings of people if they ask and stop recording a person if they object to being recorded but only if it is possible to do so eg. if they can point the camera in a different direction but still use it for the same purpose ie. to keep the property safe.
The simple presence and use of domestic CCTV and smart doorbells does not constitute an offence, nor anti-social behaviour. However, additional actions and behaviour may result in harassment or public order offences.
What can I do about my neighbour's CCTV?
In the first instance we would always recommend talking to your neighbour about the problem. You can ask them why they are using CCTV, what your concerns are and ask to see what they are recording. This may help put your mind at ease.
You can complain to the Information Commissioner’s Office (ICO) when a user of domestic CCTV doesn’t follow the rules. They can send a letter asking them to resolve things, eg put up the appropriate signage or respond to data protection requests.
There is a limited amount of action the ICO can take after this point to make the person comply.
It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.
What if I want to install CCTV on my property?
CCTV or smart doorbell systems need to be used responsibly. If you capture images or videos of people outside of your property boundary, you become the Data Controller and must abide by the legal obligations under the General Data Protection Regulations and Data Protection Act 2018. You also need to have clear and justifiable reasons for doing so. The Information Commissioner’s Office advises that CCTV owners document these reasons, including why capturing images/audio is more important than invading the privacy of others.
- Is such a system necessary and proportionate? What is the purpose?
- Are there other ways of improving home/property security and crime prevention?
- What areas need to be covered? Can cameras be positioned to avoid intrusion on others?
- Is a recording function needed or is a live feed sufficient?
- Is an audio recording facility necessary? If not, consider turning it off.
What should a Data Controller do?
- Let others know that images/audio recording is taking place via signage.
- Ensure the recording only captures what is required to achieve the purpose of the system.
- Keep the footage secure.
- Only keep footage for as long as actually needed and then delete.
- Respect the data protection rights of those captured in the recordings.
- Show the footage of anyone captured in recordings to them, if requested
If you would like this information as a PDF leaflet, please email communitysafety@horsham.gov.uk, stating which of the three topics you are interested in.