Statutory nuisance

Report smoke or bonfire nuisance

Smoke from bonfires can cause health problems and prevent people from enjoying their homes or gardens. If smoke is thick, smells unpleasant, or lasts a long time, it may be considered a statutory nuisance.

What is a smoke nuisance?

A smoke nuisance can occur when:

  • bonfires are lit frequently and produce persistent smoke
  • inappropriate materials are burned (e.g. plastics, rubber, or treated wood)
  • dense smoke drifts into neighbouring properties or across public roads
  • commercial waste such as builder’s waste or garden waste from a business is burned

What the law says

Under the Environmental Protection Act 1990, it is illegal to burn commercial waste on-site. This includes:

  • waste from gardening or landscaping businesses
  • construction materials such as timber, plaster, or bricks

We can investigate smoke complaints that may be classed as a statutory nuisance. This means the smoke:

  • unreasonably interferes with the use or enjoyment of your home
  • is harmful or likely to harm your health

What you can do

If you feel safe, try speaking to the person responsible for the fire. They may not realise it’s causing a problem.

If the issue continues, you can report it to us.

How to report a smoke or bonfire nuisance

To help us investigate, please provide:

  • a description of the smoke or bonfire and how it affects you
  • the dates, times, and exact address where the smoke is coming from
  • any supporting evidence, such as photographs

You can report a nuisance using the following: