How To Comply With Odour Nuisance Legislation

Unpleasant smells aren’t just inconvenient – in some cases, they can lead to formal complaints and legal consequences. Whether you’re operating an industrial site, food processing facility or waste management plant, understanding how to comply with odour nuisance legislation is essential.

In this guide, we’ll take a look at the legislation surrounding nuisance odour. We’ll also explore what causes nuisance smells, how they’re assessed and the most effective ways to eliminate them using modern odour neutralising solutions.

Environmental Protection Act 1990: How nuisance odour is regulated

In Scotland, England and Wales, odour nuisance is regulated under the Environmental Protection Act 1990 (EPA). Under this legislation, local authorities have a duty to investigate complaints about odour and determine whether the issue constitutes a statutory nuisance. A smell is legally considered a statutory nuisance if it unreasonably interferes with the use or enjoyment of someone’s property or is likely to injure health.

If a local authority agrees that a statutory nuisance is happening, has happened or will happen in the future, it can serve an abatement notice. This notice requires the person responsible to take steps to eliminate or reduce the odour. Failure to comply with an abatement notice can result in penalties such as fines, prosecution, or enforcement action.

Odour control is therefore a legal and operational priority for any business producing emissions and steps should be taken to stop or reduce any nuisance smells.

What can cause nuisance smells?

Many nuisance smells are cause by the release of volatile organic compounds, or VOCs, which often carry strong or unpleasant odours. These airborne chemicals are frequently produced as a by-product of industrial processes, waste breakdown, or food preparation.

Common sources of nuisance odours include:

• Food production and processing in commercial kitchens.
• Animals, livestock and poultry.
• Sewage treatment.
• Slaughter houses, abattoirs and animal-by-product rendering plants.
• Solvents and paints from workshops and garages.
• Unplanned spills, e.g. from a road accident.
• Waste treatment processes.
• Agricultural activities, such as sludge or slurry spreading.

How nuisance smells are assessed

Local authorities will assess whether a smell is a statutory nuisance. To do this, they’ll first consider the following:

• How often the smell occurs.
• Where the smell is coming from.
• The number of people affected.
• Whether the smell interferes with the local area’s quality of life.

After this, they will assess how bad the smell is. This can be difficult as people’s reactions and sensitivity to smells can differ. Councils will therefore use at least two human ‘sniffers’ to measure:

• How strong the smell is.
• How long it lasts.
• If it’s easily recognisable.
• How offensive it is.
• The character of the smell, e.g. ‘fishy’ or ‘fruity’.
• It’s rate of emission.
• How much it’s impacted by wind and weather conditions.

These assessments are often supported by odour diaries kept by complainants, with details of their perception of the smell and the impact is has on them. It’s important to note that an odour doesn’t have to be harmful to health to be considered a nuisance. If it significantly affects quality of life, that alone can be sufficient grounds for action.

How to eliminate bad odours

To avoid any odour complaints or abatement notices, it’s important to manage any bad odours by preventing them from escaping into the environment in the first place. There are a number of ways you can do this:

• Identify and isolate the source – Inspect your area for any potential sources of odour and isolate them where possible, for example by covering tanks, sealing ducts or using extraction systems.
• Improve ventilation and airflow – Manage ventilation appropriately to maintain good air circulation and dilute smells before they build up.
• Limit odourous activities – Reduce the duration or frequency of odourous activities such as compost turning, paint spraying or waste transfer. Planning these tasks carefully can limit their impact on nearby residents or businesses.
• Use odour neutralisers – Odour neutralisers are an effective way to manage odours on a large scale. These neutralisers, such as Probe Industries’ AiroPure® and AiroNaut™ work by changing the molecular structure of odours, destroying them instantly rather than simply masking the smell. This provides a long-lasting solution rather than a temporary fix.
• Clean equipment regularly – Prevent the build up of organic matter, waste or residue on machinery – which cam cause odours – by regularly cleaning equipment and carrying out maintenance checks.
• Be mindful of weather conditions – Weather conditions, especially wind, can influence how far and fast odours travel. Try to schedule odour-producing activities when the wind is blowing away from sensitive areas like homes, schools or public spaces.
• Regularly monitor odours – Regular odour monitoring helps you spot problems early and identify patterns. If certain times, tasks or conditions consistently lead to odour issues, you can make informed changes to minimise future risks.

At Probe Industries, we understand that managing odour is not just about compliance – it’s about maintaining community trust and operational integrity. Our advanced odour neutralising technologies, including AiroPure® and AiroNaut™, are designed to help you take control before issues arise. Get in touch with our expert team today to find out more.