My neighbor's regular bonfires cause a nuisance. What legal action can I take in Ireland?

What the Law Says

Under Irish law, a bonfire that regularly emits excessive smoke, noxious fumes, ash or odours interfering with the ordinary use or enjoyment of your property may amount to a 'statutory nuisance' under Section 82 of the Environmental Protection Agency Act 1992 (as amended). This provision empowers individuals to seek a court order requiring the cessation or regulation of the nuisance. Additionally, the Waste Management Act 1996 (as amended), particularly Section 54, prohibits the unauthorised disposal of waste by burning — including garden waste — without a waste licence or exemption, and local authorities may prosecute breaches. The Environmental Protection Agency (EPA) oversees national policy, but enforcement rests primarily with local authorities under Part III of the 1992 Act.

Practical Steps

Begin by documenting the nuisance: record dates, times, duration, weather conditions, visible smoke/odour, and any health impacts (e.g., respiratory distress, soiling of laundry). Next, raise the issue informally with your neighbour — many disputes resolve amicably at this stage. If unsuccessful, submit a formal written complaint to your local authority’s Environmental Enforcement Section (e.g., via www.environ.ie or your council’s website); they must investigate and may issue an enforcement notice. Should the authority decline to act or the nuisance persist, you may file a private application directly to the District Court under s. 82, using Form 35 (Application for Abatement Order) and paying the €15 court fee. Legal representation is not mandatory, but consulting a solicitor is advisable for complex cases or contested hearings.

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