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 laws described in detail below apply in England and Wales; Scotland and Northern Ireland have their own harassment and anti-social behaviour laws, summarised near the end.

The Criminal Offence: Protection from Harassment Act 1997

In England and Wales, 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 the person who obtained the injunction can also apply to a judge for a warrant for the harasser's arrest, supported by evidence on oath that the injunction has been breached.

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.

This changes from 26 October 2026, when commencement regulations bring the relevant parts of the Crime and Policing Act 2026 into force. From that date, anti-social behaviour by adults is dealt with by a new Respect Order, the section 1 injunction is limited to people aged 10 to 17, and a separate housing injunction covers adults causing housing-related nuisance. Injunctions already applied for or granted before the change are not affected.

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. From 26 October 2026, the Crime and Policing Act 2026 adds a further step: if the local agencies decide the threshold is not met, or once they have carried out a case review, you can ask the local policing body (usually the police and crime commissioner) to review the response, and it must do so if it considers the threshold was met.

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.

Harassment law differs too. In Scotland, the civil remedy is in sections 8 to 11 of the Protection from Harassment Act 1997, which allow damages, an interdict or a non-harassment order, and the main criminal offences are threatening or abusive behaviour and stalking under sections 38 and 39 of the Criminal Justice and Licensing (Scotland) Act 2010. In Northern Ireland, harassment is covered by the Protection from Harassment (Northern Ireland) Order 1997, whose Article 4 offence can also be tried in the Crown Court with up to two years' imprisonment, and stalking by the Protection from Stalking Act (Northern Ireland) 2022.

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.

Frequently Asked Questions

How many incidents does it take for something to count as harassment?

In England and Wales, the Protection from Harassment Act 1997 requires a 'course of conduct', and section 7(3) defines that as conduct occurring on at least two occasions. Two genuinely connected incidents can already meet the legal threshold, though the specific facts matter.

Can I sue my neighbour for harassment without going through the police?

Yes. In England and Wales, section 3 of the Protection from Harassment Act 1997 allows a civil claim for damages, including for anxiety and financial loss, and an injunction, independent of any criminal prosecution.

What happens if my neighbour breaches a harassment injunction against them?

Breaching a section 3 injunction without reasonable excuse is a criminal offence in its own right, carrying up to 5 years' imprisonment on indictment. The person who obtained the injunction can also apply to the court for a warrant for the harasser's arrest.

What is a Community Protection Notice and how do I get one issued against a neighbour?

It is a council tool under section 43 of the Anti-social Behaviour, Crime and Policing Act 2014 for conduct with a persistent, unreasonable, detrimental effect on the local community's quality of life. A written warning must be given first before a formal notice can follow.

What is the Community Trigger and when can I use it?

Formally called an ASB Case Review under section 104 of the 2014 Act, it lets a victim demand a joined-up review of how their complaints have been handled once a threshold is met, normally 3 qualifying complaints about the same behaviour.

Is neighbour harassment always a police matter?

No. It can be a criminal matter under section 2 of the 1997 Act, a civil claim under section 3, a council anti-social behaviour matter under the 2014 Act, or more than one of these at the same time, depending on the facts.

Do the same anti-social behaviour tools apply in Scotland and Northern Ireland?

No. Scotland has its own framework under the Antisocial Behaviour etc. (Scotland) Act 2004, and Northern Ireland runs a separate framework. Neither directly mirrors the England and Wales tools described here. Harassment law also differs: Scotland uses sections 8 to 11 of the 1997 Act and the Criminal Justice and Licensing (Scotland) Act 2010, and Northern Ireland uses the Protection from Harassment (Northern Ireland) Order 1997.