You can have a bonfire on your property if it is safe and suitable to do so.
However, bonfires can cause smoke pollution, dangerous fumes and nuisance to neighbours if they are not managed properly. You must follow the law when burning waste. Under the Environmental Protection Act 1990, bonfires must not cause a statutory nuisance.
Problems caused by bonfires
Air pollution
Burning garden waste creates smoke, especially when the material is damp or freshly cut. Burning household waste, plastic, rubber or painted materials can release harmful fumes and is against the law.
Health risks
Smoke from bonfires can affect people’s health, especially those with existing health conditions. People who may be more vulnerable include people with asthma or bronchitis, people with heart conditions, older people and children.
Nuisance to neighbours
Smoke and smell from bonfires are the subject of about 30,000 complaints to local authorities every year. Smoke and strong smells can stop people from, enjoying their garden, opening windows and drying washing outside. Smoke can also reduce visibility on nearby roads.
Fire safety
Unattended or out of control fires can quickly spread to fences, sheds, buildings, trees and plants. Items such as aerosols, cans and bottles may explode if burned. Before lighting a bonfire, check for wildlife and sleeping pets. Piles of garden waste are often used by hedgehogs and other animals for shelter.
Alternatives to a bonfire
Compost garden waste
Composting is a safer and more environmentally friendly way to dispose of garden waste.Compost bins can turn garden and food waste into useful compost for your garden. Woody waste can also be shredded and used for composting and mulching.
We also offer a garden waste collection service where materials such as small branched and twigs, grass cuttings and dead flowers are collected. Annual subscription charges apply.
Reuse and recycle unwanted items
You must not burn household waste or old furniture. Some materials release toxic fumes when burned.
Instead, you can:
- donate reusable items to charity
- arrange a bulky waste collection
- sell unwanted items online or at local markets
- recycle suitable materials
Find out more about recycling in Hartlepool
Bonfires and the law
When and where you can have a bonfire
There are no local rules that ban garden bonfires or set specific times when they can be lit. However, you must use bonfires responsibly and avoid causing smoke, fumes or danger to other people.
Sometimes burning garden waste may be necessary, particularly for woody or diseased material that cannot be composted. In these cases, you should only burn dry garden waste to reduce smoke and pollution.
You should not burn waste that is likely to:
- create excessive smoke
- produce harmful fumes
- affect other people’s health or enjoyment of their home
Under the Environmental Protection Act 1990, smoke, fumes or gases from a bonfire may be considered a statutory nuisance if they affect neighbouring properties.
Burning industrial or commercial waste that creates black smoke is an offence under the Clean Air Act 1993. This includes burning business waste at home.
It is also illegal to burn waste from another property, such as:
- business waste from your workplace
- rubbish from a neighbour’s property
If your bonfire is causing a nuisance or creating a danger, you may face enforcement action.
Report a bonfire nuisance
If smoke from a bonfire is causing a problem, try speaking to your neighbour first. They may not realise the smoke is affecting others.
If the problem continues, you can report it to our Environmental Protection team. We may investigate complaints where a bonfire is causing an ongoing nuisance. One-off bonfires are less likely to meet the legal threshold for enforcement action.
If smoke from a fire is affecting visibility on a road, contact the police in this instance.
See more information on statutory nuisance and how to report
Bonfire safety advice
If you choose to have a bonfire:
- only burn dry garden waste
- never burn plastic, tyres, foam, painted items or household rubbish
- avoid lighting fires on damp or still days, when smoke lingers
- avoid burning in windy conditions, when smoke can spread
- check local air pollution levels before lighting a fire
- keep fires away from buildings, fences and trees
- never use petrol or oil to start a fire
- never leave a bonfire unattended
- fully extinguish the fire when finished
If possible, let your neighbours know before lighting a bonfire. This can help avoid complaints and reduce inconvenience.