It's not against the law to have a domestic bonfire in a garden, but it can cause problems depending on:
- what is burned
- how often it happens, and
- how much smoke it generates
Generally, if burning clean dry wood or paper and it creates white smoke this isn’t an issue. Fire pits aren’t generally considered an issue if clean fuels are burned.
There are no set times when you can or can't have a bonfire. People having a bonfire should be courteous to their neighbours and give them warning so that they can close windows or bring in washing.
Statutory nuisance complaints
Where the burning is regular and causing nuisance, you can contact us for advice and assessment of the issue.
All Statutory Nuisance complaints require the involvement of the complainant. We cannot assess anonymous complaints as the law requires us to assess the impact on the complainer to satisfy that it is a nuisance.
Whilst we will not share your details during the investigation, and treat your complaint with anonymity, if the case does go to serving a notice your details will appear on it as the complainer so please bear this in mind.
Assessing a statutory nuisance
In order to assess Statutory Nuisance we will ask you to complete a diary of burning events and its effects on you.
This allows us to gather evidence needed for action but also assess when might be best to witness the issue. We must witness the issue for ourselves in order to take any legal action. We are unable to take your account or video of the matter as sole evidence of Statutory Nuisance, though it may help support a case.
Statutory nuisance notices
If there is a regular frequency, prolonged duration or smoke is acrid, this may be viewed as a Statutory Nuisance.
The Statutory Nuisance provisions of the Environmental Protection Act 1990 allow Environmental Health to serve a notice on a person causing a nuisance to neighbours from burning when witnessed by officers.
A one off event will not be considered to be Statutory Nuisance.
Who to contact
If you are concerned about the safety of yourself or a property due to a fire, telephone 999 and ask for the Fire Service.
If regular bonfires or acrid smoke is causing nuisance to you, please contact the Environmental Protection team for advice and assistance.