Under section 34 of the Public Health Act 1961, a council in England or Wales can take steps to remove rubbish from land in the open air that is seriously detrimental to the amenities of the neighbourhood, but must first serve the owner and occupier a notice giving 28 days to take the steps themselves or appeal to a magistrates’ court.

Who is covered and where

Section 34 of the Public Health Act 1961 extends to England and Wales. It applies to land in the open air in the council’s area, so it addresses rubbish left in gardens, yards and on vacant plots rather than inside buildings. The power is discretionary: the authority may take such steps as it considers necessary in the interests of amenity, if it appears to the authority that the rubbish is seriously detrimental to the amenities of the neighbourhood. A neighbour concerned about accumulated waste can report it to the council’s environmental health service, and the related duties on councils for public spaces are covered in the guide to litter and refuse.

What counts as rubbish

Section 34(5) defines rubbish as rubble, waste paper, crockery and metal and any other kind of refuse, including organic matter. It does not include material accumulated for, or in the course of, any business, so stock held by a trader is outside this section. That distinction matters when a yard holds both household leftovers and business materials. The classification of household, commercial and industrial waste is explained in the guide to how the Controlled Waste Regulations classify waste.

The 28-day notice and the owner’s options

The council must serve on the owner and occupier a notice stating the steps it proposes to take, not less than twenty-eight days before acting. During those 28 days, a person served, or any other person with an interest in the land, can serve a counter-notice saying they will take the steps themselves, or appeal to a magistrates’ court on the ground that the council was not justified in concluding that action should be taken or that the proposed steps are unreasonable. If a counter-notice is served, the council can take no further action unless the person fails within a reasonable time to begin, or fails to make reasonable progress. If an appeal is brought, the council cannot act until it is determined or withdrawn, and the court can direct no further action, permit the council to take steps it directs, or dismiss the appeal.

Rats and mice

A different power applies where rubbish attracts pests. Section 4 of the Prevention of Damage by Pests Act 1949, which extends to England, Wales and Scotland, allows a local authority that considers steps should be taken to destroy rats or mice on land, or to keep it free of them, to serve a notice on the owner or occupier requiring reasonable steps within a reasonable period. The notice can require a specified treatment or structural repairs or other works, and separate notices can be served on an owner who is not the occupier. Where an owner is prevented by the occupier from carrying out required work, a court can order the occupier to permit it. The Scotland-specific court and appeal wording differs from England and Wales.

Statutory nuisance

Section 79 of the Environmental Protection Act 1990, as it applies in England and Wales, lists statutory nuisances including premises in such a state as to be prejudicial to health or a nuisance, and any accumulation or deposit which is prejudicial to health or a nuisance. It places a duty on councils to inspect their areas and, when a person living in the area complains, to take reasonably practicable steps to investigate. The threshold is different from section 34: the matter must be prejudicial to health or a nuisance, rather than seriously detrimental to amenity. Noise issues from waste operations are covered separately in the guide to noise from waste sites and skip operations.

Practical steps

A complaint is usually more effective when it identifies the address, describes the material and its effect, and says whether pests or health concerns are involved, because that indicates whether the council should consider section 34, the pest provisions or statutory nuisance. Owners who receive a section 34 notice should note the 28-day period in the statute and can arrange a clearance themselves, using a registered carrier as explained in checking a waste carrier. Waste that is dumped by others is a separate matter, covered in the guide to fly-tipping.

FAQs

Can a council clear rubbish from my neighbour’s garden?

Under section 34 of the Public Health Act 1961 it may, if the rubbish in the open air is seriously detrimental to the amenities of the neighbourhood, after serving notice giving 28 days and subject to a counter-notice or appeal.

Does section 34 apply to business materials?

No. Section 34(5) says rubbish does not include material accumulated for, or in the course of, any business.

What if the rubbish is attracting rats?

Section 4 of the Prevention of Damage by Pests Act 1949 lets a council serve a notice requiring reasonable steps to destroy rats or mice or keep the land free of them.

The bottom line

Councils in England and Wales have several tools for rubbish accumulating on private land: section 34 of the Public Health Act 1961 for open-air rubbish seriously detrimental to amenity, the Prevention of Damage by Pests Act 1949 for rats and mice, and statutory nuisance under the Environmental Protection Act 1990. Section 34 requires 28 days’ notice and gives a right to counter-notice or appeal. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• legislation.gov.uk, “Public Health Act 1961, section 34: Accumulations of rubbish”
• legislation.gov.uk, “Prevention of Damage by Pests Act 1949, section 4: Power of local authority to require action”
• legislation.gov.uk, “Environmental Protection Act 1990, section 79: Statutory nuisances and inspections therefor”

Related guides

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