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Report problems with smoke and bonfires and find out what you need to know if you are planning a bonfire.
Reporting bonfires
If your neighbours are lighting bonfires which are causing you nuisance, in the first instance, approach your neighbours and politely tell them how the bonfire is affecting you. Often, people are unaware of the way smoke is blowing and consequently, the effect it is having on you.
If after discussing the matter, the neighbour continues to light bonfires which you feel cause you nuisance, you can report the nuisance online.
Having a bonfire
If you have considered the alternatives and a bonfire is still the best practical option for disposing of your garden waste, you should ensure you have taken the following precautions:
Warn your neighbours - lighting a bonfire can cause nuisance to your neighbours especially if it is a nice sunny day with washing out and windows open
Only burn dry material - this is likely to cause less smoke
Never burn household rubbish, rubber tyres or anything containing plastic, foam or paint - these can cause harmful emissions
Never use old engine oil, meths or petrol to light or encourage the fire
Avoid lighting a fire in unsuitable weather conditions - smoke hangs in the air on damp days and in the evening. If it is windy smoke may be blown into neighbour gardens and across roads
Avoid burning at weekends and on bank holidays when people want to enjoy their gardens
Never leave a fire unattended or leave it to smoulder
What can be done about problem bonfires?
Bonfires are only illegal if they cause a nuisance to others. It is commonly thought that there are byelaws banning bonfires or restricting the days or times when they are allowed - there aren't.
Environmental Protection Act 1990
Environmental Protection Act 1990 can be used to deal with people who act unreasonably and cause a statutory nuisance to neighbours. To be considered a statutory nuisance, a bonfire would usually have to be a persistent problem. If someone does cause a repeated nuisance this may lead to enforcement action, and ultimately legal proceedings could be taken and the person fined up to £5,000.
If we feel the bonfire is an isolated occurrence or insufficient evidence is gathered to substantiate service of a notice, and you are not happy with this, then you may take legal action yourself under Section 82 of the Environmental Protection Act 1990. However, you must be able to prove your case in court and therefore may wish to employ a solicitor.
Burning waste from another site
It is an offence to bring waste from another site and burn it, for example tradesmen bringing waste home and burning it. Whether or not they are causing a statutory nuisance, they are committing an offence.
Burning waste on a trade premises
If the bonfire takes place on trade or industrial premises then there is an additional power given by the Clean Air Act 1993 where the bonfire is giving off dark or black smoke.
Hazard to road users
If the smoke from a bonfire poses a hazard to road users the police have powers to deal with it and you should report the incident to them.
