Smoke can be considered a statutory nuisance if it affects people or property. In some cases, it may be an offence even if no one is directly affected.
Under the Clean Air Act 1993, it is an offence to burn anything on industrial or trade premises that produces dark smoke. This includes:
- plastic
- insulating materials (for example foam)
- tyres
- treated or painted wood
Deliberate fires
if you see a fire that looks dangerous or has been started deliberately, call 999 and report it to the fire service immediately.
Garden bonfires
Bonfires are not illegal, but they can be dangerous and cause a nuisance. There are no set times for having a bonfire, but you must take care to avoid affecting neighbours.
We recommend:
- using your garden waste bin to dispose of waste
- take garden waste to a household recycling centre
- use a soil improver
- never burn freshly cut garden waste
If you must have a bonfire:
- inform your neighbours
- never burn household rubbish
- never use oil, petrol or spirits
- never leave the fire unattended
- burn later in the evening and check wind direction
- only burn dry material
- check local air pollution levels before burning
If a bonfire causes substantial smoke or happens regularly, we may investigate. We will not deal with occasional garden bonfires.
Barbecues
Barbecue season varies with the weather, but smoke from barbecues can sometimes cause problems.
Try speaking to your neighbour and ask if they can move the barbecue further away from your property.
If the issue continues and seems unreasonable, we may investigate.
Smoke from domestic chimneys
We can deal with substantial smoke from domestic chimneys. We will not deal with occasional short smoke emissions.
Reporting a smoke nuisance
If the light issue has not improved after you've tried to resolve the problem, you can report it to us.
You must complete and send us the following:
- request for formal investigation form
- witness record sheet showing dates, times and type of disturbance
You can use our report a nuisance form to report a smoke nuisance.
What happens next
We may need to visit the area several times to validate your complaint. Based on the evidence, we may:
- give informal advice
- take no further action
- serve a formal notice
If a statutory nuisance is identified, we may serve an abatement notice.
If the smoke continues, we may consider prosecution. You may need to give evidence in court.