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Wednesday, 3 October 2023

Solving a dispute with a neighbour: an introduction

Disputes with neighbours could involve arguments over things like noise, planning permission, fences or high hedges. Find out your options for solving a neighbour dispute, like mediation, and where to get help. Also, learn what a statutory nuisance is and how to deal with it.

Discuss the problem with your neighbour

Remember that you’ll have to live alongside your neighbours, so it’s in everyone’s interests to reach an understanding

If you’re involved in a dispute with a neighbour, try discussing the problem with them before you make a formal complaint or get others involved.

If you’re worried about approaching your neighbour, write them a letter, explaining the problem clearly and sticking to the facts.

You can involve other neighbours if the problem affects them too. It may be easier to settle a dispute if the complaint comes from a number of people. A tenants’ association might help if you’re a member of one.

Mediation if speaking to your neighbour doesn't work

Watch a video on how mediation can help you solve a dispute

If you can’t resolve the dispute by speaking to your neighbour, you may be able to get help from a mediation service.

How neighbour mediation works

Mediation is when an impartial person - trained in dealing with difficult discussions between two opposing sides - acts like a referee in a dispute.

Mediation for neighbour disputes is usually free. If there’s a fee, it will still be cheaper than hiring a lawyer and taking legal action.

Setting up a mediation appointment

A mediator will speak to everyone involved and arrange a meeting between you and your neighbour. This can take place at a neutral venue, like the mediator’s offices

Mediation works best face-to-face. If you’re worried about meeting your neighbour, you can take someone with you or the mediator may be able to act as a go-between.

Negotiating with your neighbour

The mediator will help you and your neighbour understand each other’s point of view and reach a solution by:

  • setting ground rules for the discussion
  • making sure the views of both sides are heard
  • suggesting ways forward

Agreements can be verbal or written down. They aren’t legally-binding, but you’re both likely to stick to an arrangement you’ve worked out and freely signed up to.

Find a mediation service

In England and Wales, use the 'find a civil mediation provider' tool to get details of a mediation provider in your area.

In Scotland, use the Scottish Mediation Network.

Your council or housing association may provide a mediation service too.

Sources of help and information in neighbour disputes

If the dispute is about high hedges or noise, see the links ‘Dealing with a dispute about a high hedge’ and ‘Dealing with a noise nuisance’.

The Royal Institute of Chartered Surveyors (RICS) has free advice on boundary disputes and ‘party walls’ (the walls you share with your neighbours).

If your neighbour is a tenant, you could complain to their landlord – for example, a housing association, the council or a private landlord.

For disputes about building work that breaks planning rules, or anti-social behaviour (like vandalism and threatening behaviour), complain to your council or the police.

How your council deals with nuisances

If the problem you’re facing is a statutory nuisance, your local council has a duty to investigate it.

What is a statutory nuisance?

A statutory nuisance is an activity that is, or is likely to be, damaging to health or a nuisance. Examples include:

  • noise from a premises, vehicles, machinery or equipment in a street
  • noisy dogs
  • artificial light (except street lamps)
  • dust, steam, smell or insects from industrial, trade or business premises
  • smoke, fumes or gases
  • a build-up of rubbish that could harm health

How to report a statutory nuisance

You should try talking to whoever is responsible for the nuisance. If this doesn’t solve the problem, report the nuisance:

  • if it’s from larger factories and waste sites, contact the Environment Agency
  • if it’s from any other source, contact your council’s environmental health officer

How your council decides if it’s a statutory nuisance

Your council has to decide if a statutory nuisance exists, or is likely to occur or recur. It will consider whether an activity is damaging to health or a nuisance, and will take into account:

  • the type of nuisance and where it is
  • the time the nuisance happened and how long it lasted
  • whether or not the nuisance activity is useful or essential

What your council will do about a statutory nuisance

If your council finds a nuisance exists, it must issue an ‘abatement notice’. Find out more about abatement notices in ‘Dealing with a noise nuisance’. If you’re unhappy with your council’s response, you may be able to complain.

Legal action for neighbour disputes

If all else fails, you could think about legal action against a neighbour. This should be a last resort, as it can be very expensive and could make it impossible to patch up your relationship with your neighbour.

You can get free legal advice from a law centre, advice centre or Citizens Advice.

Additional links

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