I have a neighbour who is insisting that we burn coal instead of dry seasoned wood in our stove. He claims that the smoke is getting into his house even though I have been over and could not smell anything. I had the chimney re-lined when we moved in 6 months ago. Where do I stand on this?
Wood Burning Stoves and Neighbour Disputes
If a neighbour has installed a wood burning stove and you are concerned about smoke, your options depend on several factors. The main one is whether you live in a Smoke Control Area and what fuel is being burned.
Wood burners have become popular in recent years, but they can cause friction between neighbours when smoke drifts into nearby gardens or through open windows. Understanding the rules can help you determine whether you have grounds to complain.
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Many urban and suburban parts of the UK fall within Smoke Control Areas, though rural locations are less commonly included. These were originally created under the Clean Air Acts of 1956 and 1968, which tackled pollution from coal fires in homes and industrial premises. The relevant law is now contained in the Clean Air Act 1993.
In a Smoke Control Area, it is an offence to emit smoke from a chimney unless you are burning an authorised fuel or using an exempt appliance. Many modern wood burning stoves are DEFRA exempt, meaning they can legally be used in these areas provided they burn the correct fuel. Fines for breaching these rules can reach £1,000.
You can check whether your area is covered by searching on GOV.UK or contacting your local council.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What Counts as a Problem
Even if a stove is being used legally, excessive smoke can still be treated as a statutory nuisance under the Environmental Protection Act 1990. This applies where smoke is causing a genuine interference with your use and enjoyment of your property. Environmental Health Officers will typically assess whether the smoke is prejudicial to health or constitutes a nuisance.
Occasional visible smoke when the stove is first lit may not be enough. The issue generally needs to be persistent over several weeks or months, or particularly severe in its effects. Factors that can make things worse include burning unseasoned or wet wood, which produces more smoke, a poorly maintained flue or chimney, and inadequate chimney height relative to neighbouring properties.
Burning household waste or treated timber is illegal regardless of whether you live in a Smoke Control Area, as this releases toxic pollutants. Wood smoke itself can cause respiratory problems, which is one reason these regulations exist.
What You Can Do
A direct conversation is often the simplest starting point. Your neighbour may not realise the smoke is affecting you, and they might be willing to change their fuel or adjust when they light the stove.
If this does not resolve matters, you can make a formal complaint to your local council. The environmental health team can investigate and, if they find a statutory nuisance, may serve an abatement notice requiring the problem to be fixed.
Keep a record of when the smoke occurs, how long it lasts, and how it affects you. Photos or videos can help support your complaint. In a Smoke Control Area, the council may also consider whether the stove or fuel complies with the regulations.
If the council does not act, or you remain unsatisfied, you may have the option of taking private action through the magistrates court. This requires thorough documentation and you should consider seeking legal advice before proceeding.
For detailed guidance on Smoke Control Areas and exempt appliances, see the Smoke Control Areas page on GOV.UK.
People using these appliances in built up residential areas need to wake up to the harm they are causing to their neighbours. Wood smoke is really harmful for our health and if people want to take the risk with their own health and that of their family, that is one thing but they should not be allowed to pollute neighbouring homes and gardens with this toxic pollution. The pollution from their chimneys does get into neighbouring homes. Why isn't the government acting to protect public health?
I live in a street where several households use wood burners and it is horrible and it causes unnecessary stress to people when they know this pollution they're being forced to breathe in is really harmful but they can't do anything about it! It is an appalling situation and the worst thing is that most people using wood burners in residential areas are doing so out of choice and have cleaner healthier heating options in their homes. Let's all hope a new government will take this serious issue more seriously in 2024. We can but hope!
The farmer has a Quarry along the lane, that he either rents or owns from whoever the land owner is on the mountain where we live, I own a cottage on the lane where we both live. The farmer lives in a farmhouse he built, further along the lane, away from my cottage, we’re friendly. But he has allowed this guy (not paying taxes) to live in a van adapted for living, in this quarry, he did last winter, (I mentioned it to the farmer’s mother back then) and again this winter. And the smoke from his van, in this quarry which is higher up off the road, drifts right towards my cottage at night, and the smoke is getting in my bloody bedroom window. It’s just stressing me out and affecting my health. My quality of life and breathing. I’ve reported it tonight to the council, just more for advice, than anything else, doubt they will do anything, I just don’t know what to do. I’m scared to speak to the farmer, though I’m friendly with him.
I’ve lived around smoke before, when I lived with my ex, we’d burn wood all the time, whilst I liked it, great source of heat, all my stuff, my clothes would stink of smoke, afterwards. I have two open fires myself but never use them really. And they’re proper fire places. For use with coal though.
Local council seem interested and happy to state why them doing anything is tricky. Meanwhile our house smells of smoke and on occasion causes irritation to eyes and throat.
There has to be something somewhere that challenges this situation. Are there any good news stories to share?
We really are getting desperate!
They would only do anything if smoke was coming but in there eyes clear toxic fumes was ok.
London are now enlarging there ultra low emission zone for vehicles. But a house next door can have a chimney chucking out toxic fumes !
a meter above bungalow roof. Smoke pouring out and wafting over adjacent bungalows.
Every day from September to May.
I run round at 8 am opening and closing my windows..
I cannot put washing out or spend time in my garden during those months.
The smoke stinks us out.
How are these burners allowed.
I lived through smog !! It seems we are hell bent on returning to those dreadful days.
Why is this allowed to continue.
My daughter is asthmatic and yes coughing has started again
However, my neighbours garden back on to the side of my house and he has no problem burning his wet garden waste in an old metal bin less than 3 metre from the side of my house. The smell fills my garage and hallway.
It doesn’t take much to spare a thought for those around you.
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