My neighbour’s builders preserve burning garbage within the backyard – what ought to I do?

 The house next door to mine has recently been sold. It is a Victorian terrace and it has been bought by a landlord who is converting it into flats.

The building work is extensive and has been going on for weeks.

I can put up with the noise, but recently the builders have been burning waste in the garden.

Some of it is wood and garden rubbish, but I’ve also seen them set fire to a mattress and other household junk.

The smoke means I can’t open the windows and this is going to get more annoying in the summer when I want to spend time in my garden. The owner doesn’t live there so I haven’t met them.

Are they allowed to burn rubbish like this? What should I do?

Jane Denton, of This is Money, replies: Your neighbour’s builders can’t just burn any waste they like in the garden. 

They can burn certain domestic and garden waste, but not things like mattresses, plastic, painted materials or rubber. 

Burning items like mattresses and plastic can be harmful to people’s health and cause pollution. 

If the waste burning next door is, as you suggest, happening frequently, then it could potentially amount to a statutory nuisance.  

You should keep a detailed record of the waste burning incidents, including when they happen, what you think is going up in flames, what the smoke looks like and how long each episode lasts. 

As a starting point, try and get hold of the contact details for the owner of the property, which should be available via the Land Registry website for a small fee. 

Try and write to the owner to resolve the issue, particularly if you don’t want to talk directly to the builders. 

As the problem is escalating, it is worth phoning or emailing your local council’s environment department. 

I have asked two legal experts for their thoughts.     

Manjinder Kaur Atwal, director of housing Law at Duncan Lewis Solicitors, says: Dealing with neighbours burning rubbish in their garden can be more than just a nuisance; it can significantly affect your comfort and health.

It is not illegal to have a garden bonfire, though strict regulations are in place governing what can be burned and how.

Burning household waste that causes pollution or poses health risks is prohibited under the Environmental Protection Act 1990. This includes emitting dark or black smoke, which can be considered a statutory nuisance.

The only things that can be burned safely on a bonfire are clean timber or cardboard and dry garden waste. 

The law is clear. You cannot burn painted or treated wood, rubber, magazines, or household waste that is likely to cause pollution or harm people’s health. 

This encompasses items like mattresses, plastics, and other household items that release toxic fumes when burned. Such activities can lead to fines of up to £50,000.

As in any neighbour dispute, it is best to keep a detailed record of each incident, noting dates, times, and the types of materials being burned. 

Photographs or videos can serve as compelling evidence.

Get in touch with your council’s environmental health department to report the issue. Councils are responsible for investigating statutory nuisances and can issue abatement notices if necessary.

If possible, try to obtain the contact details of the property’s owner or landlord. Informing them directly about the builders’ actions may prompt them to address the issue promptly.

If the problem persists despite these measures, consider consulting a solicitor to explore further legal options. 

A few legal avenues may be available. If your neighbour’s actions unreasonably interfere with your enjoyment of your property, you may have grounds for a private nuisance claim. This could address issues like excessive smoke affecting your living conditions.

Seeking an injunction is also an option. This would be a court order that requires your neighbour to stop the harmful activity. Breaching an injunction can lead to legal penalties.

In some cases, you might be entitled to damages if you can prove that your neighbour’s actions have caused you loss or harm.  

Approaching your neighbour about the builders’ activities might lead to a resolution, as they may be unaware of the issue and willing to address it. 

However, there is a possibility they may react negatively. In such cases, it is crucial to stay calm and document any incidents meticulously, noting dates, times, and descriptions. 

Avoid direct confrontation to ensure your safety. If the retaliation includes threats, harassment, or violence, contact the police immediately. 

For ongoing harassment, consult a solicitor to explore legal protections, such as obtaining an injunction or pursuing a claim under the Protection from Harassment Act 1997. Prioritising your safety and well-being is essential in these situations.

Reema Chugh, a partner at Hodge, Jones & Allen, says: Noisy renovations can be disruptive, but regular bonfires, especially ones involving household junk, take things to another level. 

If smoke is forcing you to shut windows or avoid your garden, you’re not just being inconvenienced – your rights as a neighbour might be getting breached.

In short, your neighbours’ builders cannot just just burn anything they like in the garden. 

Occasional garden waste bonfires involving branches or leaves are generally tolerated. 

But burning household items like mattresses or plastic can release toxic fumes and is unlikely to be legal, particularly if it’s causing a nuisance to others.

So what can you do? First, keep a log of dates, times, what was burned, and how it affected you. Take photos or short videos if it’s safe. This evidence will be crucial if the issue escalates.

Next, report it to your local council’s Environmental Health department. Under the Environmental Protection Act 1990, they have the power to investigate complaints and assess whether the smoke amounts to a ‘statutory nuisance’, meaning it significantly interferes with your use or enjoyment of your property.

If they agree it does, they can serve an abatement notice requiring the nuisance to stop. If this is ignored, the council can take enforcement action, including prosecution and fines.

In practice, councils do take this sort of issue seriously, especially where there’s clear, repeated evidence.

That said, it can sometimes take time for them to act, so it’s helpful to be persistent and well-documented.

Should you speak directly to the builders? If you feel comfortable doing so, a calm conversation might be surprisingly effective.

Many people simply don’t realise how disruptive they’re being. If you don’t want to try talking to the builders or it doesn’t work, writing a polite letter to the landlord is another option.