Types of statutory nuisance

For domestic properties, there are no laws which prohibit having a bonfire. Someone can light a bonfire at any time as often as they like. However, if it causes a statutory nuisance, the council can do something about it. For a bonfire to be classed as such a nuisance, the smoke will have to be substantially affecting you in your home and/or garden. It will also likely need to be happening on a regular basis not just a one off or a few times throughout the year.

There are laws relating to burning trade waste on industrial or commercial premises. If these bonfires emit dark smoke, then an offence is committed and the council or Environment Agency can take action which could include prosecuting the offender. Please see the sub heading dark smoke offences for further information.

Tips to prevent a smoke nuisance

• could you take the material to the local recycling centre or compost the material?
• before having a bonfire, let your neighbours know. This gives them an opportunity to shut their windows and bring any washing indoors and can significantly reduce the chance of a complaint
• avoid having a bonfire when the wind is blowing onto neighbouring properties
• position the bonfire away from houses
• smoke which blows across a highway is an immediate offence
• avoid burning when the air is still and damp or in the evenings when smoke tends to hang on the air
• never use petrol, methylated spirits or similar to light the fire
• make sure plastics, painted materials, plywood and chipboard are not burned as they give off poisonous chemicals (some can cause cancer)
• burn only dry material which burn very quickly resulting in minimum smoke generation

Dark smoke offences

• If a bonfire held on commercial or industrial premises gives rise to dark smoke an offence is committed.
• The occupier of the land and the person who caused or permitted the smoke can be taken to court and may be fined.
• To take a prosecution for dark smoke it must be confirmed that the smoke met the legal definition of dark smoke. This requires observations of the smoke and burnt material to be undertaken by a trained officer.
• Dark smoke offences do not apply to domestic premises "except where trade or industrial waste is burnt on domestic premises".

For general information and advice on statutory nuisance please visit our statutory nuisance homepage.

Better bonfires

The Environmental Protection team receives numerous complaints every year from members of the public who are aggrieved by smoke from bonfires thoughtlessly lit by their neighbours. This can be very distressing, especially if the victim suffers from asthma or other similar illnesses.

One question often asked is what we would consider a reasonable time to light a bonfire? The truth is that no time is reasonable. Unpleasant smells, and ash deposits can ruin your neighbours' washing and spoil their enjoyment of their houses and gardens.

Is your bonfire necessary?

Before you start your bonfire, ask yourself, is your bonfire necessary? Most garden refuse can be composted and will provide valuable humus for the garden, please see below for more details:

• Home composting (Surrey Environment Partnership website)

The law

Although there are no specific byelaws controlling bonfires, the Council must serve an abatement notice where the smoke constitutes a statutory nuisance under the Environmental Protection Act 1990. Normally a smoke nuisance is more than a one off event and is such that it affects the health and wellbeing of other people. Failure to comply with an abatement notice can result in a fine of up to £5,000. This is £20,000 in the case of a business.

Smoke allowed to drift across a highway that endangers traffic is an immediate offence under the Highways Act 1980 and is enforced by the Police.

The uncontrolled disposal of trade waste by burning is an offence, irrespective of whether it causes a nuisance or not. The Environment Agency are responsible for enforcing trade waste controls.

Alternatives to burning

There are alternatives to burning. There are two civic recycling sites run by the Surrey County Council where waste can be taken. In addition the Reigate & Banstead Borough Council operate a green waste collection scheme and have initiatives to encourage home composting. More details on these appear below.

• Garden waste collection service
• Community Recycling Centres
• Home composting (Surrey Environment Partnership website)