Hi there. The simplest way to resolve a dispute with your neighbour is by talking to them directly and trying to reach a resolution that works for both parties. If you have tried to discuss the smoke issue with your neighbour and they have not fixed the problem, you should contact your local council. Local councils are responsible for administering environmental regulations relating to noise, air, light and water. This includes investigating complaints and issuing fines in relation to air and odour complaints.

You should contact your local council to find out how you can lodge a formal complaint against your neighbour. The council may investigate the matter in accordance with their dispute resolution process and speak to your neighbour about the problem. You may be asked to attend mediation or some other kind of dispute resolution process to try to reach an outcome to the problem. If your neighbour does not comply with the council’s requests, they may be issued with a fine.

If your local council is unable to help, you may want to speak to a lawyer about your legal options. The law says that if your private property is affected by an ongoing nuisance of some kind (such as loud noise, a bad odour or some other kind of interference), you may be able to take legal action against the person causing the problem. This may result in a court order requiring the person to stop causing the nuisance and/or compensation for any harm you may have suffered. Formal legal proceedings like this are complicated and can be slow and costly, so they should only be pursued after you have tried obtaining the help of your local council.

Suggested way forward

Contact your local council to find out how you can lodge a formal complaint against your neighbour. If this proves unsuccessful, you should consider speaking to a lawyer about your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.