Neighbour Guide: Wood Burning Stoves and Chimineas

Originally written by Abigail Taylor, updated by the editorial team on 31st March 2026

Many UK homes have wood-burning stoves, whether for heating or as a decorative feature. The problem is that these stoves and chimineas give off smoke as they burn.

If your neighbour's wood burning stove is causing a smoke nuisance in a controlled area, you can report it to your local council using our free Council Complaint Letter Builder.

UK Smoke Control Areas

Under the Clean Air Act 1993, local authorities can designate parts of their region as a smoke control area. In these areas, it is an offence to emit smoke from a chimney, furnace, or fixed boiler. It is also an offence to acquire or burn unauthorised fuel.

Are there any laws about what is burnt in a chimnea? Our neighbour seems to burn any wood that comes to hand which at times causes copious amounts of smoke, preventing my family enjoying our garden and forcing us to close our windows.

The maximum penalty is a £1,000 fine, though some councils issue smaller civil penalties for minor breaches. Your local authority can confirm whether you live in a smoke control area: check GOV.UK for details and a list of exempt fuels and appliances.

Manufacturers and installers must also comply with Building Regulations. Building Regulations Document J sets standards for flues, ventilation, and safe operation.

Smoke and Legal Nuisance

Smoke blowing into your garden or home affects your enjoyment of your property. This may also be a legal nuisance: a civil wrong (tort) that can give rise to liability.

Legally, nuisance covers:

An activity harmful or annoying to others (e.g. a smoking chimney)
The harm caused by that activity (e.g. an objectionable odour)
The legal liability arising from both

You have a right to quiet enjoyment of your property. The case of Bamford v Turnley defined private nuisance as "any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant's land or his use and enjoyment of that land".

I live in a UK city which has seen a great increase in the use of not only wood burning stoves but also the use of smokeless fuel. Being surrounded by 3 houses in a built-up area that regularly pump out smoke and fumes, it is not a comfortable or healthy environment. As far as I can see none of these activities tick the environmental box or consider the health implications. Do we have a legitimate cause for action?

Whether an activity constitutes a nuisance depends on how it affects you and its reasonableness. Courts consider factors like the time of day and the character of your area. In Cambridge Water Co Ltd v Eastern Counties Leather Plc, the court held that a defendant using land unreasonably remains liable even if they took reasonable care, provided the nuisance was reasonably foreseeable.

A private nuisance continuing for 20 years becomes legal. However, if you moved in after the nuisance began, this is not a defence: Sturges v Bridgman (1879) confirms there is no defence that the claimant "came to the nuisance".

A court finding private nuisance can award damages or grant an injunction. Often, a private nuisance also qualifies as a statutory nuisance under the Environmental Protection Act 1990. You can ask your Local Environmental Health Officer to inspect and report, providing useful evidence.

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Options to Prevent a Nuisance

We have a neighbour who has a wood-burning stove that frequently floods our house with fumes. Having spoken to the Local Environmental Officer we are assured that the appliance conforms to the legal requirements and therefore our only redress is a civil case. As we do not have the funds to do this can you suggest an alternative?

You may have several options:

Taking action for statutory nuisance in the Magistrates Court
Taking civil action for an injunction
Mediation

The easiest approach is speaking to your neighbours. They may not realise smoke is affecting you. Outdoor fires might be relocated to reduce the problem.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Taking Your Case to Court

Citizens Advice (citizensadvice.org.uk) offers free legal guidance. Legal Aid is not available for this type of case. Key points:

Notice: Under Section 82 of the Environmental Protection Act 1990, give at least 3 days' notice for noise nuisance or 21 days for other nuisances before court action.
Fee: A court fee applies: check amounts at Find a Court or Tribunal.
Service: Serve notice on your neighbour by recorded delivery to prove delivery.
Representation: You can represent yourself.
Costs: If successful, you may recover costs. If unsuccessful, you may pay theirs.

You need enough evidence to prove your case on the balance of probabilities. Useful evidence includes photographs of smoke or soot damage, damaged items kept in plastic bags, witness statements from people who saw the problem themselves, and reports from an Environmental Health Officer. Any evidence you rely on must be disclosed to the other party.

Common questions

I can smell my neighbour's wood burner in my house. Can I do anything?

Yes. Smoke from a stove or chiminea that drifts into your home and causes a real nuisance can be a statutory nuisance, particularly in a smoke control area. Environmental health can investigate and, if the case is made, serve an abatement notice. Keep a short diary of dates, times and how it affected you.

Are chimineas legal in the UK?

Chimineas are legal in most areas, but in a smoke control area you can only burn authorised fuels or use a Defra-approved appliance. Many gardens fall within these zones, especially in towns and cities. Councils can fine for burning the wrong fuel even outdoors in those areas.

What can I do if a neighbour's bonfire smoke comes into my garden?

Speak to them first. Bonfires are not banned outright, but if smoke is regular, dense or affects your washing, windows or health, the council can act under statutory nuisance rules. Recording dates and times helps. Aim for resolution, not retaliation: a calm note often gets the result a complaint cannot.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Neighbour Rights Checker lets you check your legal rights in any neighbour dispute. Takes 1 minute. Try it now →

Showing 20 of 154 questions

Ask Problem Neighbours a Question

ProblemNeighbours Editor 30/05/2026 at 8:56 am

@BonfireMan That sounds miserable, especially if the smoke is drifting into your garden or seeping through windows. Start by having a calm word with them, as some people genuinely don't realise how far the smoke travels or that wet wood makes it far worse. If that gets nowhere, log dates, times and conditions, then report it to your council's environmental health team as smoke can count as a statutory nuisance under the Environmental Protection Act 1990. Check whether you're in a Smoke Control Area too, because burning the wrong fuel there is an offence and the council can act on it. Keep everything in writing once it escalates, it makes a real difference if it ends up going further.

BonfireMan 30/05/2026 at 8:56 am

I am having a bad time with my neighbours log burner. It is like I am living inside a bonfire. Do you have any suggestions

Stopdirtyfossilburni 14/12/2024 at 6:19 pm

Choosing toxic fossils such as coal and wood and burning selfishly then minimising the affects on the environment is the mark of a very wicked and cruel person!

Jono 15/11/2024 at 1:46 am

Nothing wrong with a defra approved log burner that burns kiln dried or seasoned wood… a bit of smoke for 10 mins when starting and a little bit on reload i between that no smoke should be seen or smelt as most burners are operating around 330c so no smoke end of ….

Paddy 29/09/2024 at 4:58 pm

Burning woodburners is selfish. End of. Have some respect for your neighbours and why should they have to put up with your old smoke? You should respect where you live and stop being a pain to your neighbours.

Gopal 10/06/2024 at 5:24 am

We are from Baroda Gujarat India. My neighbor just installed kitchen chimney in her house, smoke outlet is on my house side, smoke will affect on our health
Can we challenge her to change smoke directions legally, please inform govt. Orders to challenge

smokeygarden12 24/01/2024 at 4:33 pm

Just over one year ago our neighbour installed a wood burner in their lounge with a stainless steel external flue. They have access to 'free' wood which they burn regularly even in the Spring and early Summer. Now Winter it burns every day and each time we have plumes of visible smoke sometimes dark grey in colour. Our houses are detached but on a hill (our house being higher). They are not perpendicular so the average distance is 1.8m. This together with the height difference and design of their roof means the smoke always ends up trapped in our garden and side of our house. The top of the flue is almost in-line with top of our upstairs window. We cannot open our windows and we have to close all the roof vents. The consequence of this is we have a dehumidifier running all the time to remove condensation. My wife has now developed breathing issues and has had several asthma attacks. Each time the trigger is just a brief trip outside our back door to let our dogs out. We have lived here for nearly 23 years, our neighbours 8-10 years. We've never had a single complaint and have enjoyed our home until this. Unfortunately, when the subject was brought up with our neighbour things turned nasty. They have done everything 'legally' apparently and would we deny their children a warm home. No attempt to burn dry wood or smokeless fuels. No attempt to resign the flue. I worry about my wife's health, she is very angry about the situation and I feel at a loss of how to help. We don't want to move as why should we but that may be the only alternative if my wife does not improve. I am concerned about making complaints official (Building Control, Environmental Health) as this may come to nothing and have a detrimental effect should we want to sell our house. I would love to hear from anyone with success regarding this.

ProblemNeighbours Editor 17/05/2026 at 10:21 am

@Jonathan You've got a point, and the inconsistency is frustrating. The Clean Air Act and smoke control zones do exist, but enforcement falls on councils who rarely have the resources or appetite to act on domestic wood burning. Until DEFRA tightens the rules on stove use in built-up areas and gives councils proper powers (and funding) to enforce them, complaints will keep going nowhere. The indoor smoking ban worked because it was simple and absolute; wood burning needs the same treatment.

Jonathan 06/12/2023 at 6:55 am

Nothing will change until there are clear simple laws banning burning and supporting the right to breathe clean air.
So long as it is not against any law then it will continue.
What amazes me is how the government managed to ban cigarette smoking in public places - yet cannot see the damage done by other sources of smoke affecting people’s homes.

Pedro 03/05/2023 at 7:11 pm

My neighbours have built a home made food smoker in their back yard and now, every day, they’re flinging cheap pine into it. The stench means that I can’t open my windows, sit in my back yard or dry washing on my line. I live in a smoke control area and this is contrary to all rules and legislation. I have contacted my local council and am awaiting their response. My neighbours have been told in no uncertain terms that what they’re doing is illegal but they claim to not speak English.

I’ll update here when I find out what happens next. I’m beyond sick of these neighbours, for years they’ve been constantly drilling and hammering on the party wall, and now they’ve decided to flood my property with disgusting smoke. This is the final straw.

Fuming is the word! 13/11/2022 at 3:08 pm

I'm an asthmatic Childminder whose neighbour burns any old crap on his woodburner. It fills our house and garden. How on earth can I keep myself and the children free from his fumes. We've lived here happily for 14 years until he moved in and had a woodburner installed. He then moved it himself closer to our windows. He is not a registered installer is he even allowed to do this?. So fed up with the fumes!

Jimbo 25/10/2022 at 2:35 pm

My neighbour is setting up a wood burning chimney 30 ft from my back door.I suffer from bronchial hyperactivity following inhalation of chicken dust 6 years ago.Dust,fumes,vapours,perfumes etc cause me pain which last for a week at each exposure.I'm dreading him lighting this up and there seems to be no statutory redress.I believe I may have to move house after 37 years. What a shocking situation where even the right to breathe clean air is not enshrined in law.

Hudson 11/10/2022 at 2:30 am

Sir I am one of the users of wood burning appliances and I am now getting quite fed with what other people on here have said ,answer Me this We have burnt wood and coal in our Rayburn for the last 40 years and with out complaint I might add and again you post seems to be a little one sided , I have contacted the council and they same I am doing every thing right . let Me explain and don't have an answer for this in 1987 when our house was re-roofed at that time the local planning officer came to next door as an extenstion was being built ,at that time there was a red brick extension on the top of our chimney at the rear of the house and We were ordered to have the red brick part demolished any since they We have not had any complaints not until 2020 that is ,just before this an elderly neighbour had died and had lived in her house for over 25 years without any complaints , A new person bought the house and all was fine until April 2021 when He came around and complained about our chimney ,So I got onto our coal supplier and He started suppling us with coal that is for for use in Smoke controled areas at that time I also bought a wood Moisture meter and all the wood I burn is below the recomened 20% even though I don't need to as I cut and season my fire wood my self . But what you don't say as of most of the post I have read on here is the fact that if you are not in a smoke controled area which We are not and as this is a Grade 2 listed building with lime motar not cement between the joints it is with regret that I am not allowed to have any other heating and from what I have read that the people on here are harrasing their neighbours and yes I know you problems will 100% worse this winter But I am sorry it seems you have to grin and bear it . As this a free country and you have no rights to dictate as to what your neighbours do on their own Property , you say you could always move but what happens if that in turn goes the wrong way and in fact you end up in a worse situation , The main problem today as I see it is the fact that people like to pri into other peoples business no wonder your neighbours are against you . I have one who won't even talk about it and as far as I can see and the local council say I have done all that I can and what they have said that they won't stop Me burning wood or coal but they will go to My neighbours house and look at their house to see what is letting in the smoke and fumes , I suspect that a vent has been put in when the last owner was living their which is causing the trouble . Going back back to Me I too have Asthma and have been told by My Doctor that I am not allowed any other type heating as the worst thing for Astmatics is not smoke or fume from wood or coal but Dry air what I mean is electric fire and the Central heating ,I was told that years ago . What they mean by dry heat is as I was told put a saucer of water on top of a heater and then see it evaporate .

Favourite Granny 08/10/2022 at 5:59 pm

Despite having double glazing and having all the windows closed the smell from my neighbour’s wood fire permeates my house. Their chimney is three feet from my bedroom and the prevailing winds blow the fumes in my direction, not theirs. Why are the ‘victims’ always vilified? Why do they have to put up with the inconvenience They are so proud of their ‘green credentials’ yet enjoy the minimalist approach to gardening, no trees or shrubs to help absorb the pollution, just trendy grey fencing and a few pots and would make my life a misery if I brought the smoke nuisance to their attention let alone complained.

maisiecat 07/10/2022 at 6:06 pm

Hi to everyone, nice to have found this site but i am unable to find a answer to my problem,I have a woodburning multifuel stove fitted when we moved 7 years ago we use correct logs for burning but now use smokless coal and it is used as a backup to our oil heating ( dont get upset ) we live in a rural area with 20 houses ex local authority fields all around. question our neighbour gets his wood from a local double glazing company old wood frames painted cuts them up and burns them, he has his chimney swept once a year but what is he burning leaded paint it spews out black smoke everytime it is used, i am unable to find any info could any one please give guidance. and no i have not asked him about this yet as i need more information. thankyou

RightToCleanAir 05/09/2022 at 9:54 pm

The accumulation of toxic air pollution through coal and wood burning etc; in addition to ammonia pollution from muck slurry spreading i e excrement from human and animal waste; is the major cause of lethal greenhouse gases. The consequences are being felt globally with all the extreme weather conditions. These wilful and inexcusable actions demonstrate a complete and utter disregard for God's righteous laws
and thus deliberately and selfishly working injury to thy neighbor and poisoning the natural environment Soon God will finally step in and remove all wicked society.

Just want to breathe 24/08/2022 at 4:04 pm

This wood burning issue is only going to get worse through the fuel crisis as when you put your central heating in even in normal cold conditions you are usually a bit mindful as too how long it's been on for and how much its costing. Now the log burner menaces won't care how long they burn for as it doesn't cost as much to run or even in some cases costs nothing- I saw a lady with a shopping trolley in my local park gathering wood for her fire a few weeks ago. So if you notice any trees or garden fences in your area suddenly go missing then you know why because they will be shovelling it in like they are running a steam train and the rest of us paying more tax on their fuel will have to suffer the physical and mental pain that this causes and won't be able to anything about it! Completely dreading winter, as if the summer wasn't bad enough- they even light firepits when there is a heatwave!!! We are doomed!

Cleanlungs, please 06/04/2022 at 9:15 am

The advice on this page about wood-burning is a complete waste of time. I am surrounded by neighbours with wood burners and one even has an old-fashioned oil burner set up. Environmental health are not interested in the slightest and nobody cares that I might be breathing in particulates any time I'm daring enough to go into my own back garden which I have made beautiful so that I and my family can enjoy it. People don't care and the government don't care. My conclusion is that their behaviour is based on ignorance despite the fact that NO there is copious evidence that shows the harm done by wood burners to say nothing of oil boilers and traffic but we just carry on in the same old way this might all the reported deaths and suffering caused by avoidable pollution. People think it's a green alternative. It's not. Even the latest DEFRA approved ones send out dangerous particulates. Just because you can't see smoke doesn't mean it's not toxic and if Environmental Health can't see smoke they will do nothing. The laws are outdated and I believe the manufacturer have deliberately designed woodstove to by pass the visible smoke rules.

QueenSquirrel 29/08/2021 at 12:27 am

Update.....the neanderthal and auntie phlegm have installed a log burner onto the party wall. No notice to me and now they sit indoors dragging his knuckles across his cheap laminate ...must make fire must make fire.
I don't even know how to evidence this I mean if I were to go to court how do I evidence a smell are there smoke detectors for sale somewhere.

Baffleditsallowed 17/08/2021 at 5:57 pm

People repeatedly ask on this site.
"How do we get the government and local authorities to do something about the crazy amount of woodsmoke poisoning our communities? "
Here's how.....
Cop26 Glasgow 31st October.
I'll be there with a huge placard "Ban all woodburners and chimeneas in residential areas"
Maybe meet some of you there, those of you inclined to get off their behind.
If you do turn up , maybe your placard could state "defra approved burners kill. There is no safe amount of smoke you can inhale."

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