If you are experiencing a problem with smoke, smells or other pollution you can report it to us.
For us to take action the issue needs to be a ‘statutory nuisance’, which means it must do one of the following:
A statutory nuisance will be more than 'annoyance' and much more than the mere detection of pollution or a problem. Many other factors determine whether or not a something amounts to a statutory nuisance including how often it occurs, how long it lasts for, the time of day and your location (e.g. urban/rural).
Issues that may be a statutory nuisance include:
It is an offence to allow smoke to drift across the road and become a danger to traffic. If smoke from a bonfire is causing poor visibility on the highway please contact the Police.
If you are worried about the safety of a neighbour's bonfire, contact the Fire Service for advice or call 999 in an emergency.
There are no specific controls, such as permitted times, over the lighting of bonfires to burn waste. If only dry waste is burnt the occasional bonfire should not cause a problem.
If the bonfires are only occasional it will be difficult to prove a nuisance in law. This would also apply if there are several different neighbours occasionally having bonfires. Download a Garden Bonfires Leaflet here for further information on the law.
If you are being disturbed by bonfire smoke from your neighbour, it is worth talking to them about it in the first instance – they may not realise they are causing a problem.
If you have spoken to your neighbour and the situation doesn’t improve, report it to us providing evidence about the frequency of the bonfires, their duration, location and how the problem directly affects you.
If you must have a bonfire follow these guidelines to avoid causing a nuisance and to keep safe:
Under the Clean Air Act 1993 it is an offence for dark smoke to be emitted from any industrial or trade premises. The maximum penalty for being found guilty of an offence under this legislation is a fine of up to £20,000. The disposal of waste is also regulated by the Environment Agency and generally speaking, they prohibit the disposal of waste by bonfires on site. We therefore strongly recommend that all industrial/trade waste is removed to a properly licensed waste disposal site.