Neighbour Harassment: Criminal, Civil and Council Options in the UK

Persistent, unwanted conduct from a neighbour can cross from an annoyance into something the law recognises as harassment, but the routes for dealing with it are wider than most people realise. This guide covers the criminal offence, the under-used civil claim, and the council-based anti-social behaviour tools that sit alongside them.

The Criminal Offence: Protection from Harassment Act 1997

The main criminal law tool for neighbour harassment is the Protection from Harassment Act 1997. Section 1(1) prohibits a course of conduct that amounts to harassment of another person, where the person responsible knows or ought to know that it amounts to harassment.

A single unpleasant incident is not enough on its own. Section 7(3) defines a "course of conduct" as conduct occurring on at least two occasions. That threshold is lower than many people expect: two separate incidents, if they are genuinely connected as a pattern rather than isolated one-offs, can already meet the legal definition.

Section 2 makes a breach of section 1 a criminal offence, triable summarily, with a maximum penalty of up to 6 months' imprisonment and/or an unlimited fine. The Act's own text still reads "level 5 on the standard scale", but section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed that cap in England and Wales for offences committed on or after 12 March 2015, so the fine is no longer limited to a fixed maximum.

The Act also contains two more serious offences aimed at conduct beyond ordinary harassment: section 2A, stalking, and section 4, putting a person in fear of violence on at least two occasions. Both exist as separate, more serious charges a prosecutor can bring where the facts support them, sitting above the basic section 2 offence.

The Civil Route: Section 3, and Why It Matters

Many people assume harassment is purely a police and criminal justice matter. Section 3 of the 1997 Act provides a civil route that does not depend on a criminal prosecution or conviction at all.

Under section 3, a person can bring a civil claim for:

• Damages, which the Act expressly says can include compensation for anxiety caused by the harassment and any financial loss resulting from it; and
• An injunction ordering the harasser to stop the conduct.

This route is genuinely under-used relative to how useful it can be. It does not require the police to charge anyone, and it does not depend on the criminal standard of proof. A neighbour dispute that the police decide not to pursue as a criminal matter, for whatever reason, can still potentially be addressed through a civil harassment claim and injunction.

Breaching an injunction granted under section 3, without a reasonable excuse, is not treated as a minor matter. It becomes a separate criminal offence, carrying a maximum of 5 years' imprisonment on indictment, and it comes with a power of arrest attached to the injunction, meaning police can arrest someone for breaching it without needing a fresh warrant for that specific breach.

Council and Anti-Social Behaviour Tools

Beyond the 1997 Act, the Anti-social Behaviour, Crime and Policing Act 2014 gives councils and other agencies a set of tools aimed specifically at neighbour and community nuisance, which can run alongside or instead of a harassment claim.

Civil injunctions (section 1)

A court can grant a civil injunction against a person engaging in anti-social behaviour, prohibiting specific conduct and, where appropriate, requiring positive steps such as attending a programme addressing the behaviour.

Community Protection Notices (section 43)

This is the standard tool for ordinary neighbour nuisance. A Community Protection Notice can be issued where a person's conduct has a "detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality" and that conduct is judged unreasonable.

Crucially, a council or authorised officer cannot jump straight to a notice. Section 43(5) requires a written warning to be given first, explaining the problem and giving the person a reasonable opportunity to stop the conduct, before a formal notice can be issued.

Public Spaces Protection Orders (section 59)

A council can restrict activities in a defined public area where the activity has, or is likely to have, a detrimental effect on the quality of life of those in the area. This is more often used for wider public-space issues than a purely one-to-one neighbour dispute, but it can be relevant where the nuisance also plays out in a shared or public area near neighbouring homes.

Closure notices (section 76)

Where premises are associated with disorder or serious nuisance to the community, a closure notice can restrict access to those premises for a period. This is a targeted, premises-specific power rather than a general harassment remedy.

The ASB Case Review, or "Community Trigger" (section 104)

If a victim feels their previous complaints about anti-social behaviour have not been dealt with, section 104 allows them to formally request an ASB Case Review. Once a threshold is met (the default is 3 qualifying complaints about the same behaviour, though local review procedures can set a different number), the relevant agencies must carry out a joined-up review of how the case has been handled and consider what more can be done. This is designed for situations where separate complaints to the police, council and housing provider have each gone nowhere on their own.

Choosing the Right Route

These options are not mutually exclusive. A pattern of neighbour conduct might justify reporting a possible section 2 criminal offence to the police, pursuing a section 3 civil claim for an injunction and damages, and separately asking the council to consider a Community Protection Notice, all at the same time, depending on how each authority responds. Keeping a clear, dated record of every incident from the outset supports all three routes, since the "course of conduct" test and the "persistent or continuing" test for a Community Protection Notice both turn on a pattern over time rather than a single event.

Where the underlying problem is genuinely about noise rather than personal targeting, the statutory nuisance regime may be the more direct route; see our guide to noise complaints. Where a dispute centres on a boundary feature such as a hedge or tree rather than conduct aimed at a person, see our guide to high hedges and trees.

Scotland and Northern Ireland

Scotland has its own anti-social behaviour framework under the Antisocial Behaviour etc. (Scotland) Act 2004, and Northern Ireland runs a separate framework of its own. Neither mirrors the England and Wales tools described above, and a reader in Scotland or Northern Ireland should check the equivalent local powers with their council or a solicitor rather than assuming the 2014 Act's specific notices and reviews apply.

This guide explains the general legal routes available and is not a substitute for advice on a specific situation. Keeping a dated log of incidents is useful whichever route you pursue. Anyone in immediate danger should contact the police. For related reading, see our guides to noise complaints and high hedges and trees, or the wider UK Everyday Law hub.