Neighbours can unfortunately fall out – for many reasons. Some reasons when the Council can get involved are discussed below.
Planning Issues – such as unauthorised development, building works contrary to planning permissions, works to protected trees etc are handled through the Borough Council’s Planning Department, contacted at 01737 – 276000 or email to: planning.enforcement@reigate-banstead.gov.uk
Boundary disputes and things such as overhanging trees and vegetation are private matters which can’t be dealt with by the Council or councillors. An exception is high hedges which is covered by specific legislation, and the Council can intervene, but there are costs involved.
Other Issues – Many other issues such as complaints about noise, bonfire smoke etc. are handled by the Borough Council’s Environmental Health Department under “Statutory Nuisance” legislation. Environmental Health are also involved in disputes concerning housing conditions in private rented accommodation (social landlords such as Raven deal with matters in their own housing stock).
Before you go to the Council
Environmental Health follows government guidance on how to resolve neighbour disputes. Before making a formal complaint or getting others involved, complainants should try to discuss the problem with their neighbour. The link below provides information: https://www.gov.uk/how-to-resolve-neighbour-disputes
In some circumstances, mediation may be another option to consider. This is a free to use service. However, both parties need to agree to take a matter to mediation. Further information through this link: https://mediationsurrey.org/
Should these options not be possible or unsuccessful, residents should contact Environmental Health.
Reporting Options
Online – the easiest way to report issues is via the Council website at
https://www.reigate-banstead.gov.uk/info/20362/statutory_nuisance
using the green ‘Report a Statutory Nuisance’ button in the middle of the screen. This goes to the ‘Report It’ menu to select the relevant form.
Phone – issues can also be reported by phone to the Environmental Health Business Support Team on 01737 276417. The Business Support Team will go through the online form with complainants and fill in the relevant information. This may take longer than residents directly completing the online form.
Before taking action the Council will check that complainants:
- have already followed government guidance on seeking to resolve neighbour disputes, such as speaking informally with their neighbour in the first instance.
- understand and can provide all the information needed to investigate or enforce statutory nuisance or other relevant legislation. For example, complainants must provide their name and address, the address or location of where the nuisance is coming from and details of when and how it affects them. Legally, something can only be a Statutory Nuisance if it affects someone and unreasonably and substantially interferes with the use or enjoyment of a home or other premises. For this reason, anonymous complaints about alleged Statutory Nuisance are not accepted.
- understand and agree to what are essentially the ‘terms and conditions’ presented on the declaration page on the online form.
Residents should be aware that neighbour disputes reported formally to the Council must be declared when selling a property.
Investigation
Complainants will be required to provide input to the investigation e.g. typically completing diary record sheets for a minimum of two weeks.
Also, should the matter progress to legal action they may need to give evidence in a court of law.
Housing Conditions in Private Rented Accommodation
The same procedure as for Statutory Nuisance should be followed for residents reporting complaints about conditions in private rented accommodation. The complainant should wherever possible first raise the matter with their landlord in writing and give them a reasonable period of time to respond, before reporting housing issues to Environmental Health.
