To work out whether it’s a statutory nuisance, smoke is usually assessed by environmental health officers from the council. smoke from premises occupied by the armed forces or visiting forces.dark smoke from chimneys of buildings or from chimneys serving fixed boilers or industrial plants that are attached to buildings or on land.The following types of smoke are not covered by statutory nuisance laws: Smoke not covered by statutory nuisance laws Smoke covered by statutory nuisance lawsĪll smoke from residential, business and industrial premises is covered by statutory nuisance laws (unless it’s exempt). The notice will usually be served on the person responsible but can also be served on the owner or occupier of the premises. This requires whoever’s responsible to stop or restrict the smoke. If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice.

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Councils must look into complaints about smoke from premises that could be a ‘statutory nuisance’ (covered by the Environmental Protection Act 1990).įor the smoke to count as a statutory nuisance it must do one of the following:

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