Neighbouring property causing damage to my home

If your neighbour’s home is in a defective condition and is causing problems for your own property, then the Housing Standards Team may have authority to intervene. The Local Authority can request the owner of the defective property to carry out any necessary and remedial repairs if this poses a risk to your health or if it is causing a nuisance.

In the event property owner fails to complete work the housing standards team will progress the case in line with the Enforcement Policy.

It's important to note that the Housing Standards Officers can only address significant issues that have the potential to affect your health and safety while you're living in the property.

The primary focus is to ensure that your living conditions are safe and healthy.

Reporting to Council

We may be able to assist you in resolving this issue, but there are certain steps you must take beforehand. We will require documentary evidence that you have followed these steps accordingly.

  • Step 1: Initiate a conversation with your neighbour and explain how their property issue is impacting your home.
  • Step 2: If you have already done this and two weeks have passed without any action, send a written request for a response. Remember to keep a copy of your letter or email.
  • Step 3: If there is no response within an additional two weeks, gather evidence. This evidence will support your case and show that you have taken appropriate steps before contacting us. Examples of evidence include:
    • Photographs
    • Correspondence with your neighbour
    • Receipts or reports from professionals.
  • Step 4: Inform your neighbour that if no action is taken within 7 days, you will contact the Council.
  • Step 5: If 7 Days pass without further action, please report the problem to us.

Private action

You can take private action against another person using Section 82 of the Environmental Protection Act 1990 (external link).

If you decide on this course of action, then you must give 21 days’ notice to the person responsible before you make a complaint to the Magistrate’s Court.

The Court may then make an order requiring abatement of the problem, and if they so wish fine the responsible person and/or order compensation to be paid.

You should seek legal advice before resorting to private action.

Please note: The Housing Standards Team has no involvement with reports or compensation claims.

© Wigan Council