Bonfires and wood burners

Laws and rules surrounding bonfires

Bonfires can cause a nuisance to neighbours, the emissions also contain substances – black carbon – that have a positive climate forcing potential and therefore lead to global warming, they also contain harmful compounds that damage human health. People with pre-existing medical conditions like asthma or chronic obstructive pulmonary disease are particularly prone to these emissions. For this reason, there are normally always more environmentally friendly ways to dispose of garden waste.

Some alternatives to having a bonfire

• composting garden waste is both sensible and useful. A compost bin will produce a useful soil conditioner which will then save money on commercial products. More information on composting is available from gardening organisations
• use the Somerset Waste Partnership garden waste collection service which residents can pay for. For more information on this go to our Garden Waste Collections page
• use one of the 14 recycling centres in Somerset where garden waste can be left free of charge. For more information on their location, opening times and the types of materials that are accepted, go to our Recycling centres directory.

Best practice guidelines to follow when lighting a bonfire

If you do decide that a bonfire is absolutely necessary, please consider the following key advice:

• only burn dry garden waste
• never burn household refuse, plastics, rubber, painted materials, anything wet or commercial waste
• warn your neighbours well in advance before lighting a bonfire and try to negotiate a time that would be most suitable. Well informed neighbours are much less likely to complain
• make sure that smoke does not cause a nuisance or inconvenience to neighbours
• check the wind direction before lighting the fire – smoke hangs in the air on damp, still days
• keep your fire away from trees, fences and buildings
• have a hosepipe or buckets of water handy just in case it gets out of control
• burn material quickly in small quantities so that a minimum amount of smoke is created
• never use oil, petrol or methylated spirits to light a fire – you could harm yourself as well as the environment
• never leave your fire to smoulder for long periods or leave it unattended. Hose it down until the bonfire is ‘cold’ before you leave it

Bonfires which smoulder away and smoke for long periods, especially when wind and weather conditions are unfavourable, are those most likely to give rise to complaints from neighbours.

Where and when to have a bonfire

There are no Byelaws relating to set times when bonfires can be lit. However, you should avoid having bonfires in the evening or at night when you will not be able to watch them safely or see where the smoke is drifting.

You should not burn waste that is likely to create excessive smoke or noxious fumes.

Most bonfire problems are dealt with under nuisance legislation. The Environmental Protection Act 1990 states that a statutory nuisance can be ‘smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.’ We can serve an Abatement Notice on the person responsible if there is evidence that the smoke is bad enough to be causing a nuisance. If the nuisance continues legal action could be taken, including prosecution in court.

Dark smoke emitted from bonfires on commercial premises – including construction and demolition sites – is banned under the Clean Air Act 1993, with a fine of up to £20,000. It is also illegal to dispose of waste that is not from your property, for example, tradesmen must not burn waste from site at home.

Smoke from barbecues

Barbecues can also cause smoke and odour problems especially if lighter fuel is used. Again, be considerate.

Warn your neighbours, and don’t light up if they have washing out. If it is windy make sure smoke won’t blow directly into neighbouring properties – and keep the noise down.

What to do if you’re affected by smoke from a bonfire or barbecue

In many cases the people causing the smoke nuisance may not even be aware of the disturbance that they may be causing. In the first instance, we recommend discussing the problem with them if you feel it is appropriate and safe to do so and try to come to an agreement.

You can make a formal complaint to the Council. On making a complaint we will need your contact details, details of the source of the problem and any other relevant information you may have. The case officer is likely to ask you to complete records to show when the smoke is affecting you.

We will contact the person having the bonfires, giving advice on how to avoid having bonfires and, if they do have one, ensure that the smoke does not cause a nuisance to neighbours.

If you would like us to investigate your complaint, please provide the details of the problem, where the nuisance is coming from and your details using our report a nuisance Link to each district online form. If you do not provide your details the complaint will not be investigated.

During an investigation your details cannot be revealed without your permission under the Data Protection Act. However, if the case reaches the stage of going to Court and a statement is required from you to support any action taken by the Council your details can no longer be kept confidential.

Domestic wood burning stoves

There is an increasing concern amongst air quality and health experts about the impact that wood-burning stoves and open fireplaces can have on indoor and outdoor air pollution and your health especially if not used correctly, for example by burning the incorrect fuel – such as painted or treated wood waste – or using damp/wet wood that has not been properly dried. It is estimated that burning wood and coal in open fires and stoves makes up 38% of the UK’s primary emissions of PM2.5  – Clean Air Strategy. As a result, the Government has started introducing new controls with restrictions on the sale of polluting fuels, with additional measures planned.

People with log burners and open fires can still use them, but will be required to buy cleaner alternative fuels – if they are not already – such as dry wood and manufactured solid fuels which produce less smoke. Both of these cleaner options are just as easy to source and more efficient to burn, making them more cost effective. Burning dry wood also produces more heat and less soot than wet wood and can reduce emissions by up to 50%.

In order to prevent the likelihood of smoke related complaints it is recommended that exempted appliances are installed and all smokeless fuel to be used where possible. Further information including a list of exempt appliances and authorised fuels are available at: Smoke Control Areas – Defra.

Wood burners checklist

Do

• follow the advice on the Burnright website
• have the appliance installed by a professional – if you do it yourself then be sure to follow the manufacturer’s instructions
• have the chimney checked and swept before installation, installing a liner if necessary – otherwise the fumes won’t go up the chimney properly
• some properties may need building regulations approval, depending on the appliances and if works need doing to the chimney
• make sure the wood burner is certified for use in the UK
• make sure you burn the manufacturer recommended fuel. This could include wood pellets or well-seasoned, clean, dry fuel. Damp or unseasoned wood will smoke excessively
• use a fuel supplier approved under the Woodsure Certification Scheme
• go outside regularly and check what is coming out of the chimney. After 10 minutes the smoke should be clear. A fire that is burning brightly without visible smoke is a sign of good combustion. Smouldering fires are the worst polluters because they burn at a temperature too low for efficient combustion

Don’t

• install without checking the chimney first, many chimneys are capped or blocked off if they haven’t been used for years
• buy off the internet without checking that the appliance is suitable for use in the UK – what may work in the forests of Scandinavia may not be suited to a terraced house in Plymouth
• burn pallets, wet or contaminated wood – anything that might have paint or varnish on it could damage the burner and cause dark smoke which is an offence and could lead to a fine

Fumes and smoke from wood burners can affect people’s health and breathing – those, especially at risk, are children, pregnant women and the elderly. People with asthma or existing respiratory or chest conditions may be affected as very fine particles can penetrate deep into the lungs.

It is important to know where fuel, logs and wood pellets are being sourced from when considering the eco-credentials of the wood burner. Imported fuels will have a significant environmental impact.

Do not burn household waste, DEFRA have produced a list of authorised fuels Authorised/Certified Fuels for England.

For further advice, please view DEFRA’s guide to Open Fires and Wood Burning Stoves [PDF, 219KB]

What to do if you’re affected by smoke from a wood burner

In many cases the people causing the smoke nuisance may not even be aware of the disturbance that they may be causing. In the first instance, we recommend discussing the problem with them if you feel it is appropriate and safe to do so and try to come to an agreement.

Otherwise, you can make a formal complaint to the Council. On making a complaint we will need your contact details, details of the source of the problem and any other relevant information you may have. The case officer is likely to ask you to complete records to show when the smoke is affecting you.

We will contact the person having the fires, giving advice on fuels and good practice and, if they do have one, ensure that the smoke does not cause a nuisance to neighbours.

If you would like us to investigate your complaint, please provide the details of the problem, where the nuisance is coming from and your details using our report a nuisance link to district report if forms online form. If you do not provide your details the complaint will not be investigated.

During an investigation your details cannot be revealed without your permission under the Data Protection Act. However, if the case reaches the stage of going to Court and a statement is required from you to support any action taken by the Council your details can no longer be kept confidential.