Smoke

This page provides information about the rules for domestic premises and industrial smoke control.

Domestic smoke control

What can we deal with?

• Substantial smoke from domestic chimneys 
• Persistent bonfires
• Fuel being sold for domestic burning that does not meet the legal requirements

What legislation does the council use?

• The Environmental Protection Act 1990 and the Clean Air Act 1993 (as amended by the Environment Act 2021) deal with smoke from premises. The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 phase out the sale of the most polluting fuels used for domestic burning, by placing restrictions on the sale of firewood, manufactured solid fuels and coal sold for combustion in domestic premises.

What can’t we deal with?

• Occasional garden bonfires where clean wood and garden waste are being burnt.
• Occasional short duration smoke emissions from a domestic chimney where a solid fuel appliance is being used and that is a normal feature of the appliance starting up process.

How do I report a complaint about smoke from a domestic chimney or bonfire?

Complaints relating to smoke from a domestic chimney or bonfire should be made by reporting a nuisance using the online facility.

Further advice

Domestic solid fuel fires

If you are thinking of using solid fuel to heat your home, there are some important things you need to consider:

1. Salford - Smoke control areas

Wood and coal burning appliances contribute to particulate matter and other pollutant emissions. Evidence suggests that emissions of very fine particles (known as PM₁₀ and PM_2.5) from soot and smoke have detrimental effects on health, by getting into the lungs and blood and being transported around the body. 

The majority of Salford is covered by smoke control areas. These were introduced from the 1950s to reduce the amount of solid fuel burning and improve air quality. 

Under the Clean Air Act 1993 (as amended by the Environment Act 2021), this means that in a smoke control area, businesses and people must not emit a substantial amount of smoke from a chimney of a building* or any fixed industrial plant.

*A building means any structure with a roof and walls. This could include a summerhouse or shed.

If substantial smoke is emitted from a chimney of a building in a smoke control area, the person responsible can face a financial penalty of up to £300. Further financial penalties can be issued for each incident of substantial smoke emissions.

Smoke from domestic chimneys may also cause a statutory nuisance under section 79 of the Environmental Protection Act 1990. If a nuisance is confirmed by an authorised officer, an Abatement Notice will be served on the person responsible. A breach of the notice can result in a prosecution in the Magistrates Court and a potentially unlimited fine.

Enforcement action should not be necessary if an approved fuel or an approved appliance is being used correctly. This is because the appliance should not be emitting substantial amounts of smoke.

2. Fuels and solid appliances that are approved to be used in smoke control areas

Fuels are approved to be used in a smoke control area after they have undergone testing and appear on a published government list (known as the authorised fuels list) to demonstrate that they can be burnt with low smoke emissions. Please note that wood is not an approved fuel.

Solid fuel appliances are approved to be used in a smoke control area after they have undergone testing and appear on a published government list (known as the exempt appliances list) to demonstrate that they can operate with low smoke emissions. These appliances are suitable to be used with non-approved ‘controlled’ fuels e.g. wood in a smoke control area. However, most approved appliances are only permitted to burn clean, untreated and dry wood. Before investing in a solid fuel stove, check if it appears on the list and the fuel that it is permitted to be used with. An approved appliance must also be operated in accordance with its operating manual and any exemption conditions – these will be noted for the individual appliance in the online published list under the ‘View detailed information’ section.

Under the Clean Air Act 1993 (as amended), if you obtain non-approved fuel to be used in a smoke control area and with a non-approved appliance, you will be guilty of an offence. Upon conviction, you could be liable to a fine of up to £1,000 (level 3 on the standard scale of fines).

Building Control consent is also necessary for installing a solid fuel appliance, unless the work is carried out by a member of a Competent Persons Scheme e.g. a HETAS Registered Installer. Further information is available from the HETAS website. 

3. Restrictions on the sale of for the sale of firewood, manufactured solid fuels and coal sold for combustion in domestic premises

The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 place restrictions on fuel sold for combustion in domestic premises from 01 May 2021:

• Firewood sold in units of less than 2 cubic metres must be certified by the Ready to Burn Scheme and the certification details and scheme logo must be attached to the packaging and clearly displayed at the point of sale.
• If firewood is sold in units of more than 2 cubic metres, customers must be provided with a notice that explains how to dry, store and check the moisture of the wood before it is used.
• All manufactured solid fuels must be certified by the Ready to Burn Scheme and the certification details and scheme logo must be attached to the packaging and clearly displayed at the point of sale. Fuels that are exempt from these certification requirements are coffee logs, olive logs, wine logs and fuels mostly made of wheat husks, straw, miscanthus, bamboo or compressed food waste.
• Only Approved Coal Merchants can legally sell traditional house coal (also known as bituminous coal) in England from 1 May 2021 up to 30 April 2023. It must be sold loose or in unsealed bags directly to the customer. It will be illegal to sell bagged coal.

Any person who commits an offence under The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 is liable for a £300 fixed penalty notice, or a more substantial fine upon conviction by a court.

Under the Clean Air Act 1993 (as amended), if you sell non-approved fuel to be used in a smoke control area and with a non-approved appliance, you will be guilty of an offence. Upon conviction, you could be liable to a fine of up to £5,000 (level 5 on the standard scale of fines).

Further information is available from the central government Department for Environment, Food and Rural Affairs (DEFRA) and a Ready to Burn Consumer Leaflet.

Domestic bonfires

Domestic bonfires, chimineas and smoky barbecues can be very irritating to the occupiers of surrounding premises. The smoke and smell may prevent your neighbours hanging out washing, opening windows and using their outdoor areas. 

It is not unreasonable to have an occasional barbecue, or to occasionally burn clean, dry wood or garden waste on a bonfire. However, if you have fires regularly, they may constitute a statutory nuisance under section 79 of the Environmental Protection Act 1990. If a nuisance is confirmed by an authorised officer, an Abatement Notice will be served on the person responsible. A breach of the notice can result in a prosecution in the Magistrates Court and a potentially unlimited fine, together with a further fine for each day the notice continues to be breached.

Garden waste can be disposed of by composting it or taking it to your local recycling centre. We can also collect it in your pink lidded bin (if you have one).

If you must have a bonfire, never burn any toxic items such as treated or painted wood, rubber, plastic, foam or paint – these can release toxic pollutants. These items can be disposed of at your local recycling centre or we can collect bulky items.

Avoid burning at weekends, bank holidays and when smoke may be blown into a neighbours garden. Only burn dry material and don't leave a fire unattended or smouldering.

Do not allow the smoke to drift across a road - anyone lighting a fire and allowing smoke to drift across a highway that endangers road users faces an unlimited fine under Section 161A of The Highways (Amendment) Act 1986, this legislation is enforced by the police.

Celebrating with bonfires and fireworks

If you are planning on having a celebration involving a bonfire or fireworks, consider attending a well organised event. This will result in fewer smoke and other pollutant emissions than lots of smaller garden events. You’re likely to get more dazzle and bang at an organised event. And, you won’t have to plan and host it yourself, taking responsibility for the safety aspects. Plus, it can be a great way to share community spirit and support local community groups and charities that may be raising funds for a good cause.

Whatever your plans for the event, make your celebrations as considerate as you can. Further information is available from a community guide.

Industrial smoke control

How do I report a complaint about smoke from a commercial chimney or bonfire?

Complaints relating to smoke from a commercial chimney or bonfire should be made by reporting a nuisance using the online facility.

Further advice

Industrial chimneys

Under the Clean Air Act 1993 (as amended by the Environment Act 2021), if substantial smoke is emitted from a chimney of a building or any fixed industrial plant in a smoke control area, the person responsible can face a financial penalty of up to £300. Further financial penalties can be issued for each incident of substantial smoke emissions.

Section 1 of the Clean Air Act 1993 also prohibits (subject to some exemptions) the emission of dark smoke from chimneys serving industrial plant, boilers and furnaces. Upon conviction by a court, the person who commits an offence under this section and has possession of the plant could be liable to a fine of up to £5,000 (level 5 on the standard scale of fines).

Dark smoke is defined as appearing to be as dark as or darker than shade 2 on a Ringelmann Chart.

Section 79 of the Environmental Protection Act 1990 includes nuisance from smoke as a Statutory Nuisance. This would cover situations when smoke or the smell of smoke drifts into gardens or properties through open windows or air conditioning units. Should a nuisance due to smoke be witnessed by an authorised officer, an Abatement Notice would be served on the person responsible. Any breach of the notice could result in a prosecution and unlimited fine. This offence is not dependant on the smoke emissions being ‘dark’ within the meaning of the Clean Air Act 1993.

It is also important that other legislation, such as the Environmental Permitting Regulations is taken into account if you intend to burn waste. Further guidance can be obtained from the DEFRA website.

Notification and chimney height approval

Before installing a furnace in an industrial or commercial building, you must inform the local authority. Such furnaces also require approval of the chimney height and installation of grit and dust arrestment equipment from the local authority if the furnace is burning pulverised fuel, burning at a rate of 45.4 kilograms per hour or at a rate equivalent to 366.4 kilowatts per hour.

The furnace must be capable of operating continuously, without emitting smoke, when burning fuel for which it was designed.

If you are planning to install an industrial furnace, please complete the 'report it' form.

Bonfires on trade and industrial premises

Section 2 of the Clean Air Act 1993 prohibits (subject to certain exemptions) the emission of dark smoke from a premises or the burning of materials that are likely to give rise to dark smoke. This means that enforcement action can be taken against burning activities carried out at night. Any premises that are being used for a trade (e.g. domestic premises where commercial work is being undertaken) are included. Upon conviction by a court, the person who commits an offence under this section could be liable to a fine.

Section 79 of the Environmental Protection Act 1990 includes nuisance from smoke as a Statutory Nuisance. This would cover situations when smoke or the smell of smoke drifts into gardens or properties through open windows or air conditioning units. Should a nuisance due to smoke be witnessed by an authorised officer, an Abatement Notice would be served on the person responsible. Any breach of the notice could result in a prosecution and unlimited fine. This offence is not dependant on the smoke emissions being ‘dark’ within the meaning of the Clean Air Act 1993.

Anyone lighting a fire and allowing smoke to drift across a highway that endangers road users faces an unlimited fine under Section 161A of The Highways (Amendment) Act 1986, this legislation is enforced by the police.

Burning of commercial waste

It is an offence under Section 33 (1)(c) of the Environmental Protection Act 1990 to keep, treat or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health, this includes burning. Any person who commits an offence under this legislation is liable to an unlimited fine.

Burning of controlled waste produced by the operation of a business is a breach of the 'Duty of Care' set out in Section 34 of The Environmental Protection Act 1990. This applies to anyone who is the producer or holder of controlled waste, including commercial and industrial waste. Persons concerned with waste must ensure that the waste is managed properly; recovered or disposed of safely; does not cause harm to human health or pollution to the environment and is only transferred to someone who is authorised to receive it. A breach of the Duty of Care is an offence with a maximum penalty of an unlimited fine either by summary conviction or on indictment. Statutory guidance ‘Waste duty of care: code of practice’ is available from the Environment Agency for further information.

Dispose of your commercial waste responsibly – we can provide your organisation with a comprehensive business waste and recycling collection service.

This page was last updated on 9 January 2023