Smoke control areas
If you use solid fuel and live in a Smoke Control Area (SCA), it does not mean a ban on domestic solid fuel burning. It simply introduces legal requirements, as per the Clean Air Act, to ensure that what you burn does not cause harmful levels of smoke pollution.
Why are these rules in place?
Air pollution remains the largest environmental risk to public health in the UK. Domestic solid fuel burning, such as wood-burning stoves and open fires, is a major contributor to particulate matter (PM).
The smaller particles, known as PM2.5, are particularly hazardous to health. Because of their microscopic size, these particles can bypass the body’s natural filters, entering deep into the lungs and bloodstream. This exposure us a significant factor in serious respiratory and cardiovascular issues, alongside other long-term health complications.
How to comply with the rules
Approved Fuels
You can legally burn “authorised” smokeless fuels, such as anthracite or specific low-smoke briquettes. Ordinary bituminous coal and wood are not authorised fuels.
Approved appliances
You can only burn “non-authorised” fuels, such as seasoned wood, if you use a Defra-exempt appliance which is specifically designed to burn fuel cleanly.
Right Fuel, Right Stove
Even if you have an approved stove, you must only use the specific type of fuel recommended by the manufacturer.
Understanding the regulations and penalties
Smoke emissions
It is an offence to cause smoke from a chimney in an SCA. If your chimney releases substantial snoke within an SCA, you may be issued a civil penalty which ranges from £175 to £300. The Council’s primary goal is to provide advice and support to help residents achieve compliance before issuing fines.
Fuel sales
It is an offence to buy or sell unauthorised fuel for use in an SCA unless it is for use in an exempt appliance. Penalties to retailers for the sale of non-compliant fuel can reach up to £1,000.
More information available at: Smoke Control Areas - do you know the rules? A practical guide.
Bonfires and the law
Where a neighbour is causing a problem by burning rubbish, there are legal powers to deal with it. Under the Environmental Protection Act 1990, a statutory nuisance includes “smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance”. In practice, to be considered a statutory nuisance, a bonfire would have to be a persistent problem, interfering substantially with your well-being, comfort or enjoyment of your property.
Report a bonfire problem
If bothered by smoke, approach your neighbour and explain the problem. They may not be aware of the distress they are causing.
If this fails, please contact us to report a problem.
Under the Highways Act 1980, anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers traffic. The Police are the enforcing authority in relation to this.
Bonfire guidelines
- only burn dry material
- never burn household rubbish, rubber tyres, or anything containing plastic, foam or paint
- never use old engine oil, meths or petrol to light the fire or to encourage it
- avoid lighting a fire in unsuitable weather conditions - smoke hangs on the air on damp, still days and in the evening. If it is windy, smoke may be blown into neighbours’ gardens and across roads
- avoid burning at weekends and bank holidays when people want to enjoy their gardens
- avoid burning when air pollution in your area is high or very high. This information is included in weather forecasts, or you can check by ringing 0800 556677
- never leave a fire unattended or leave it to smoulder - douse it with water if necessary