Rules about bonfires and dark smoke
It is contrary to the Clean Air Act 1993 to emit dark smoke from any chimney of any building (subject to permitted exemptions) unless the burning is part of a process authorised by the Environmental Protection Act 1990.
The Clean Air Act prohibits the emission of dark smoke from burning of waste materials on any industrial or trade premises.
Burning of waste material on building or demolition sites can result in dark smoke emissions. This can cause a nuisance and be a source of harmful air pollutants.
How we can help
Try to resolve the problem with your neighbour. They may not be aware that their actions are causing you concern.
If this fails, contact Environmental Health. We'll investigate your complaint and take appropriate action.
Contact us if you see dark smoke being emitted from industrial or trade premises, which is a result of burning waste.
Not all bonfires will be a statutory nuisance, but all complaints will be assessed on a case by case basis.
Smoke drifting across a road could endanger traffic, contact the Police.
Fire related anti social behaviour
For advice about deliberate fire setting please visit the Scottish Fire and Rescue Service website.
Bonfires and smoke nuisance
Bonfires cause complaints because of annoyance and nuisance caused to neighbours by smoke. There are health concerns about air pollutants in smoke, including carbon monoxide, dioxins and particles.
Burning waste can prevent people from enjoying their gardens, opening windows or hanging out washing. Smoke and fumes affect air quality and can damage health.
If you are going to have a bonfire, do so responsibly. Advise your closest neighbours in advance. Make sure they do not have windows open, and are not drying washing or enjoying their garden.
We advise that you:
- avoid burning in unsuitable weather conditions - smoke hangs in the air on damp, still days and if it is windy, may be blown into neighbouring gardens and across roads
- check piles of garden waste for hibernating wildlife and sleeping pets
- burn in an area away from fences, buildings and windows and beware of scorching trees and plants
- only burn dry material
- never burn household rubbish, aerosol cans, tyres, plastics, foams or painted items
- never use old engine oil, methylated spirit or petrol to light or fuel the fire
- never leave a fire unattended or leave it to smoulder - hose it down until it is cold before you leave it
Please note: even if you follow our guidelines, you may still cause a nuisance. Any complaints about your bonfire will be investigated by Environmental Health and may be subject to enforcement action.
For advice about bonfire safety visit Scottish Fire and Rescue Service.
Alternatives to burning
Consider other disposal methods, such as:
Smoke from chimneys
It is unlawful to emit smoke from the chimney of a private dwelling in a Smoke Control Area, where the smoke arises from the burning of unauthorised fuels.
Complaints about smoke from chimneys outside a Smoke Control Area can be investigated under nuisance legislation in terms of the Environmental Protection Act 1990, as outlined above.
Commercial business/industrial premises
Contractors are discouraged from disposing of waste by burning. In many cases burning waste may be illegal.
Burning of waste on building or demolition sites
Bonfires on building or demolition sites are subject to the controls outlined above.
An exemption allows developers to burn untreated wood, bark and plant matter only, provided it does not cause pollution or a nuisance, and subject to certain other conditions.
Developers must notify the Scottish Environment Protection Agency (SEPA) in advance that they are operating such an exemption. Waste timber which has been treated for wet or dry rot must not be burned due to the release of harmful pollutants (dioxins). Only waste from that site may be burned - it is not permitted to import waste other sites for burning. There is no exemption from the requirement not to create dark smoke.
Farmers are permitted to burn debris on their fields provided that it:
- is controlled
- doesn't become a nuisance to neighbours
- doesn't produce dark smoke.
Complaints regarding smoke nuisance or dark smoke, will be investigated.
What does the law say?
The Environmental Protection Act 1990 requires local authorities to take action against offenders if bonfires are considered to be harmful to health or a nuisance due to the emission of smoke. This includes nuisance from soot, ash, particulates and noxious odours.
The local authority may serve an Abatement Notice. If this is not complied with, the local authority may choose to prosecute or, serve a fixed penalty notice. This is £150 for domestic premises and £400 for industrial, trade or business premises.
Pay a fixed penalty
The emission of dark smoke from industrial or trade premises is an offence and subject to a fine of up to £20,000.
It is an offence to burn insulation from a cable unless the burning is part of a process authorised under the Environmental Protection Act 1990.