Smoke Control Areas DRAFT

Smoke Control Areas are declared by local authorities in order to control the types of fuel that can be burnt on heating appliances in buildings. The aim is to prevent air pollution that affects the environment and can have a serious impact on health. In February 1952 over 4000 people died in a five day period in the London smog attributed mainly to the burning of coal.

What is a smoke control area?

Only smokeless fuels (anthracite, semi-anthracite, electricity, gas and low volatile steam coal) can be burnt on heating appliances in buildings, unless the particular appliance is exempted by law to burn other fuel.

It is illegal to sell and buy unauthorised fuel for use where a smoke control order applies, unless it’s for an exempt appliance, in:

  • a building
  • a fireplace
  • a fixed boiler or industrial plant
  • a moored vessel, for example canal boats (unless the fuel was used to move it or provide it with electric power).

Retailers are required to take action to inform customers about these rules, for example, by putting a sign next to the fuels or tills, or a message when paying online.

To find out more about smokeless solid fuels, approved coal merchants, approved heating appliances and general advice about smoke control you may wish to visit the Defra smoke control guidance.

If smoke is emitted from your chimney because unauthorised fuel is being burnt then the Council may take legal action against you under the Clean Air Act 1993.

Am I in a smoke control area?

Please contact Environmental Health to determine if you are in a smoke control area. There are additional regulations that apply to burning in these areas and you could be committing an offence if smoke is released from the chimney of your home. Further information can be found here.

You can find more information on the Smoke Control Area rules on GOV.UK.

Nuisance and Planning Law

Regardless of whether or not you live in a smoke control area, if you intend to install a solid fuel appliance you need to be mindful of the effect the emissions may have on neighbours.

In particular, if the appliance is to be connected to a low level flu / chimney there is a possibility the smoke could cause a nuisance to neighbouring properties. If the chimney is new (or planned as part of a property extension) you may also require planning permission.

You should consider carefully if the smoke from the appliance is likely to cause a nuisance and speak with your neighbours about your intentions.

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