Smoke or bonfire nuisances
What is a smoke or bonfire nuisance?
- A smoke or bonfire nuisance happens when smoke from a fire causes problems for people nearby. This can happen if the smoke is thick, smells bad, or lasts a long time. It can make it hard to breathe and stop people from enjoying their gardens, their homes, or opening their windows. It's important to think about how your fire affects your neighbours and the environment. You can tell us online if a nuisance disrupts the enjoyment of your home or harms your health.
Examples of a smoke or bonfire nuisance:
- Persistent smoke from frequent bonfires.
- Burning inappropriate materials. Such as plastics, rubber, or treated wood. These produce harmful fumes.
- Dense smoke drifting into neighbouring properties. Or it can drift across public highways.
- Smoke caused by burning commercial waste. Such as builder’s waste or gardening debris.
What the law says
It is illegal to burn commercial waste on site. Commercial waste includes:
- Waste from gardening or landscaping businesses.
- Timber, plaster, bricks, or other construction materials.
We can investigate complaints about smoke or bonfires. This is under the Environmental Protection Act 1990 (EPA). This would make it a statutory nuisance. A statutory nuisance is defined as something that:
- Interferes with the use or enjoyment of your home in an unreasonable manner.
- Injures health or is likely to injure health.
What you can do about the smoke nuisance
You can have a friendly word with your neighbour about the problem. This is if you feel safe doing so. For help, see our 'top tips for approaching neighbours.' If the issue continues, you can submit a nuisance complaint.
Reporting a smoke or bonfire nuisance
To report a smoke or bonfire nuisance, you will need to provide:
- A detailed description of the smoke or bonfire nuisance and how it affects you.
- The dates and times of the nuisance and where the smoke or bonfire is coming from. Please state the exact address or a nearby location.
- Any relevant evidence to support your complaint. Such as photos.
What happens next:
- An officer will review your report within five working days.
- Based on your report, we will decide whether to proceed. We may visit the site or contact the responsible parties. We may ask for more evidence from you if we need it.
- If the smoke is a nuisance, we will issue an abatement notice. It will need a resolution of the issue.
- Failure to follow an abatement notice can lead to fines. The fines could be up to £5,000 for domestic cases. Or £20,000 for commercial cases, or further legal action.