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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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.
Can we challenge her to change smoke directions legally, please inform govt. Orders to challenge
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.
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.
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.
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.
"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."
Darwin do your thing.
This smoke has made me so ill, it delayed my cancer treatment for a month and held up my recovery. All authorities seem to be complicit that there is no smoke nuisance. North Dorset Environment Health have never visited our home or premises, and despite submitting smoke diaries at their insistence at a time when I had just come home from hospital after an operation, the case was swiftly closed. We found Environment Health obstructive. We have been bullied by the authorities including our North Dorset MP in an attempt to silence us. He told us that we should shut our windows to make it “hermetically sealed”. Only one town councillor managed to get one of the huts - the one right against our house to be moved a few hundred yards down the field but it is still far too close. Every room of our house is affected by this vile pollution making me cough so much the blood vessels in my eyes have burst three times in the last year of the site operating ( my eyes take three weeks at a time to clear of blood). It really is an appalling situation.
My surgeon and GP have written supporting letters but my MP angrily threw them back at me telling me they wouldn’t stand up in court! ( we hadn’t gone to him to suggest court action, only to seek a solution to this ongoing health hazard.) I later discovered he is ambassador for North Dorset’s Breast Cancer Now. He appeared to become rude and bullying, he had previously visited the neighbour to present her with an EU grant for £26,000 with an accompanying photo for the local press. When we continued to complain about the smoke we received visits from the local police we believe as an action to frighten us into silence. My husband was warned not to write to the press and to stop writing letters to the council. Our newly elected Conservative ward councillor famously wrote to me saying “ accept the glamping for the sake
In the past 12 months I have investigated in excess of 42 consumer complaints surrounding the effects of smoke produced from an array of combustion appliances ranging from wood fired Pizza ovens to domestic wood stoves all of which were found to be causing smoke nuisances, however, through a process of elimination, after thorough investigation and inspection found the following to be either singularly or as a combination the causation of such nuisances; a) User ignorance, b) Dangerous installation methods and procedures, c) Poor burning techniques, d) Ridiculous methods of storing fuel, e) Poor quality temperature measuring products, f) Incorrect, shoddy and dangerous chimney system design, g) Incompetent appliance installation, h) Non-compliant and dangerous work to a Party-Wall, i) Incorrect appliance operation, j) Non-mandatory installation of restrictive chimney cowls, k) Misunderstanding/ignorance of combustion air requirements, l) Reliance on a guidance document as a substitute for technically competent knowledge, m) Unnecessary offsets incorporated into new chimney system design, n) Sectional clay liners installed upside down, o) Lined chimneys left uninsulated, p) Topography and Atmospheric weather conditions ignored, q) Incorrect chimney/flue termination, r) Incompetent interpretation of fire risk, s) Non-Compliance with the Party Wall Act, t) Incorrect and incompetent methods of appliance 'firing up' and 'refuelling'
One post suggests; 'I find it difficult to believe that many people use their wood burners in spring/summer/early autumn' the answer is quite simple, if such appliances are providing domestic hot water and/or central heating they will of course be used 24 hours a day, the same post provider then suggests; 'A lot of people find the smell of wood smoke pleasant - and breathing in a small amount of it is not going to send you to an early grave' Anyone suffering from a respiratory health issue such as asthma or pulmonary heart disease will find the smallest level say 30ppm over a lengthy period of time sufficient enough to trigger a worrying response, whilst of course you may be safe from such ingress whilst driving past a lighted bonfire in your car at 50mph the same cannot be said when experiencing the nauseating, acrid smell of an open fire producing a blue haze of particulates that set off a coughing attack I suffered personally when visiting a grade 1 listed building serving the public, this is a continuing problem that few understand the science of.
Carbon-Dioxide and Nitrous-Oxide whilst these are unlikely to kill the operator/end user they are extremely dangerous by products experienced when burning natural gas, however, there appears to be
Laws need to change and councils need to be restructured from the top down.
We are quickly slipping back to the Smog era, with thousands of Wood burning stoves being installed every year.
When can we expect fresh air, free from pollutants for our children to breath?
The new limits on what can be burned is a fob off and NOT dealing with the problem.
All smoke is bad, and unfortunately it hangs in the air no matter what you burn or how you burn it. I say to the government you will eventually be forced to ban it so why not act NOW??
People no longer accept cigarette smoke but can be subjected to high levels of pollution from 100s of their neighbours using wood burning stoves.
look at all the countries where woodburning is far more common and - Canada, Nordic countries for example - now look at their rates of respiratory issues and air polllution, are they worse? NO.
Stop believing everything you read about science in the media - it generally presents a bad reflection of reality. The actual study being used to incite this hysteria is NOT a consensus and not without flaws.
What about towns in Northern Ireland that are not included in smoke control zones? What rights do the residents of these towns have to protect themselves from smoke pollution from chimneys.
Please reply based on the following scenarios:
Burning coal
Wood burner smoke
Using unauthorized fuels (such as treated wood)
If you suspect a breach between your neighbours chimney wall and your own wall (causing smoke to seep in from their wall to yours)
It seems that residents in areas not included in smoke control areas have no enforcable rights in these regards whether they contact environmental health, a solicitor or the police.
Please give advice.
Thank you
Our street is full of smoke and fumes , if you open the windows it comes in, especially as we also have a neighbour who burns regular wood on their open fire , it smells like there is a bushfire closely most evenings.
I haste it, I like my windows slightly open even in winter but I can not due to these selfish people .
What can I do
I live in wandsworth but I can not seem to see where you can report someone for not only burning the wrong fuel but actually just burning it in the grate
Someone please let me know
Wayne
Has anyone noticed how clear and blue the sky has been since the huge reduction in airline flights. Anyone against log burners use one of those polluting forms of travel? I live near an Airport and haven't had jet fuel residue on my Pond since the start of the Pandemic.
Do I have a Log burner? No. Do I have gas central heating? No.
Am I considering a Log Burner? Yes.
It will be fitted by a professional company. It will be the latest model with dual burn technology. This re -burns the gases to remove Hydrocarbons. I will only burn Kiln dried, Woodsure Logs.
It will be serviced regularly and my Flue cleaned every 12 months.
It will produce less pollution than your gas cooker, that you are stood over and breathing in, plus anyone else in your house. Of course that will mix with all the other chemicals you use, cleaning products, air fresheners, scented candles, personal toiletries and perfumes. Not to mention the Lung full of carcegenic fumes you get putting Diesel or Petrol in your car.
I agree though. There is no excuse for creating visible and stinky smoke, that pervades your neighbours home and garden. Hopefully the new regulations in 2022 will go some way to help clean up the real polluters, who see fit to burn any old rubbish.
Final word. Iff what your neighbour is doing affects your quality of life. Go tell them, they may not realise.
We like air so windows and doors are always open, even in winter if it’s sunny and warm. She has a fire at night most days during summer, all other times it’s every day and evening. We know she burns wood that is wet and sourced scraps from skips embedded with all sorts of toxins.
We can’t mediate with her as she speaks to no one, or threatens with notes through the door with legal action for anything she doesn’t like. I once got one for my 50watt outside light bothering her, it doesn’t even shine on her house.
We used to look after each other, keep animals in the back yard and enjoyed the sound of the cockerel crowing of a morning, not complaining about a nice, cheerful bonfire or a jolly bit of music for a knees up in the community. You horrible people!
This is a cautionary tale and a serving suggestion only !
The authorities take the view that the people who are currently torturing you, diminishing your health, curtailing your share of air, are expressing their freedom. We live in a free country. Therefore, your moron next door , doing what he likes and to hell with you, is proof, is it not that we must all be free.
What's going to happen, is that someday there will be someone, so unbalanced by the unfairness of all of this, that they'll snap and do a mischief to their smoky joe enemy next door.
Then it will be all "shock" he must have been a "psycho" and other media epithets and hand wringing.
But a state that insists on being deaf to victims protests about this scourge shouldn't really be surprised when sufferers stop abiding by a law that has forsaken them, and in desperation, take the law into their own hands.
Matter of time.
They insist is is legal and that they only burn the “best quality wood”.
I contacted the council to ask for advice but they insisted I email photos. They then sent those photos to the neighbour asking them to confirm that the chimney had been fitted by a Hetas approved installer! Obviously this caused extreme tension between us and resolved nothing.
They continue to light the fire (in preference to heating “because it’s getting milder now”) which means I have to run round and quickly close all my windows immediately. Even when the windows are closed the smoke comes in through our velux window trickle vents and makes our room smell like a fire that’s just been put out.
Does anyone know if keeping a nuisance diary has actually worked? I’m worried about what will happen if I make a formal complaint especially when I come to see the property.
It about sums up the state of Britain doesn't it? These people are so self absorbed, hyper individualistic and shallow. I'm politically neutral and I don't wish to take an environment stance what really concerns me is the health of myself, my children and the few neighbours around here that aren't buggers. A lot of people's lives are being shortened, some of us in this area will probably end up with serious complications down the line. I don't know where else to turn. It's shameful. Apologies for the rant it's just depressing to know people are selfish enough to pull this kind of rubbish.
1) you move, even with the upset this causes during pregnancy.
2) buy an air quality monitor that tells you what the situation is in your home. Combine this with when to put your air purifier on at home. Your monitor will tell you when this is safe to do so, and save running your filters on your air purifier unnecessarily.
3)and this is a biggie. Look very closely and research what your air purifier does for you. Anything that is not an I.Q. Health Pro Plus is likely to be next to useless as it will only clear upwards of 0.3. Micrograms, whereas the I.Q. air cleans down to 0.003.
This is important as it is the tiny, tiny smoke particles called p.m. 2.5 that poses you the biggest risk. P.M. 2.5 means simply Particulate Matter 2.5 micrograms and below. This is what devastates your deep lung tissue. You will hear a lot more on this in the future.
You can buy an I.Q.Air health pro plus for around £900(I know, gulp) through Allergy Cosmos web site. By all means look at cheaper air purifiers too.
I need at least three for my house as I have upstairs bedrooms.
Good Luck.
People should not be so blade with the air quality of their neighbours.
But this week even worse he has had a woodburning stove installed.
We are very close built properties and the chimney and flue go up the side of the house. Yesterday i went in the bedroom closest to this chimney and it stank strongly of smoke as all my windows are kept on the jar (double glazed) to allow fresh air to circulate.I quickly pushed window open wide to allow it to escape.
He was outside looking at it, so he knows its wrong, i shouted down what was wrong and told him to get the installers back as something was wrong with it and i should not have a bedroom full of smoke as someone has to sleep in here.
He quickly ran inside making some statement that i could not here.
We have lived here 13 years and do so as quietly as possible although other neighbours have had psuedo caveman problems with him. Then last year our side of the fence came under attack from him.His garden borders 4 neighbours due to cul de sac arrangement.
Real problem is his personality does not fit the house he bought (which was cheap) so all have to suffer his anti social habits.
So i don't feel that sense has broken out and these vile abominations are to go the way they deserve to, of cigarette smoking in public places since there is far too much appeasing of owners of these mad inventions.
Pray god though that it is end of the begining in movement towards banning this lethal "off the grid" romance too many middle class and otherwise sane people have with shedding this poison into our home, our breaths, and our children.
I first contacted the department after I moved into the property and experienced daily exposure to toxic coal burning by the neighbours and was treated appallingly by the department.
Despite the irrefutable scientific facts and evidence presented the officers replying by email minimised and whitewashed my concerns and refused to intervene.
On account of the abysmal failure of the department I have been forced to suffer years of harmful and nauseating acrid coal smoke pollution including outside wood stove burning by the adjacent neighbours and other residents committing the same offences; including the local pub with two chimneys bellowing out black coal smoke.
My doctor supports my case and can verify the real and detrimental affects solid fuel inhalation has on the human respiratory system and the environment.
I have medical evidence recording a prolonged cough, sore throat and chest including symptoms of heavy passive smoking and choking although I do not smoke.
Every day on the calendar I log repeated occurences of the burning throughout the day and night -365 days a year- in all weathers; causing immense distress and feeling trapped being unable to open the windows freely to ventilate the old building and go outside without being made to reek of acrid sooty coal and having to shower again and rewash clothing. I can hardly even put washing on the line outside.
The stench from the coal also affects my exercise routine as it prevents my taking a jog freely around the local park as the stench and smog envelops the whole atmosphere and my lungs.
I contacted the environmental health deptartment and spoke a number of times to an officer based there.She asked me to complete log sheets and misled this would be looked into. I presented evidence of times and dates since moving in to the flat over 3 years ago and posted to the department.
I also sent video footage and photographic evidence of the black coal smoke bellowing out of the chimney regularly.
At no time did the council officers attend the exact site of the offences and did not investigate properly as they had no intention. I have also witnessed the coal merchants who supply the offending property deliver coal every week.
The officers indefensible response was to excuse themselves from taking action and the only letter they sent to the property (when I contacted them again after a long period, due to their refusal to intervene); was only to ask they examine the manner in which their solid fuel ap
It closed last week (12 Oct 18). If everyone who contributed to this forum also contributed to the Clean Air consultation, it would help avoid some of the disastrous mistakes made by the counter-productive and misguided promotion of diesels.
Last year, the New Scientist review made it clear that log-burning stoves are harming our health and also speeding up global warming. So the current and proposed policies are a double whammy - bad for our health and bad for the planet.
Anyone who missed the opportunity to contribute to the Clean Air Consultation should find out if they can belatedly have their say.
More info: consult defra gov uk/airquality/domestic-solid-fuel-regulations/ (replace spaces with dots).
Our wood burner has little to no smoke coming out of it, because we use the correct wood inside and maintain it, we also live on the outskirts of a village with only a couple of houses nearby and no issues with smoke over winter. I personally would not object to laws placed on what you can and can't burn, a licence as it were to show proper maintenance and that your wood burner adheres to policy.
The fact that people still blatantly ignore environmental laws already in place for other issues makes me think that this issue will never be solved without a total ban, which is a shame for those of us relying on expensive fuel sources.
The mechanisms of state,be it local or national are deaf to the issue of this woodburning catastrophe for the same reason that america politicians seem to lack the basic wisdom to ban guns. Bear with me, i hope to make sense.
The belligerent assertions of the NRA (,national rifle association) that it is their primal right to indulge themselves with their dangerous toys is mirrored in the bellicose righteousness of those off the gridders who want to live out their pseudo caveman fantasies of self sufficency.
In the american example some green shoots (,pun alert)of hope can be discerned in the aftermath of the recent school shootings where the younger generation have loudly and persistently demonstrated for a gun ban.
The disadvantage we have compared to anti-gun demonstrators is that we don',t yet have the photogenic faces of mothers stricken with grief over their murdered children.
Not yet we don,'t. ,No, we have to wait 20, years yet until the cumulative deaths from emphysema, chronic bronchitis, child hood asthma, cancer, reach critical enough mass that even the most glib environmental health officer jumps up and exclaims ,,,"my god!, Something must be done! "
You see..dear smoked out...it won',t be government that will ban woodburning stoves, they might pretend to but they won't,not until a genuine counter culture gets mobilised. There are votes in appeasing mobilised masses.
What has to happen here is that we must start to look and act like we are the many and the woodburners are the few.
What's to be done.
First forget the jobsworths from the council.
The answer lies in organising demonstrations, waking up the media, pestering the ineffectual Client Earth, postering university campuses (the last group would be crucial)
Do you have the energy for this.
you'll need it.
So, just a heads up about the stress that it can cause if you try court. We have no regrets and it cost us nothing. But it was stressful to do. Also, if you're not happy with ANYTHING about the Council in matters like this, complain within 6 months of their action/lack of action. We didn't and it meant that even the Ombudsman would not deal with our complaints about the Council.
I will not give up though -the neighbour has an illegal chimney stack, and I want it down.
We have spent thousands on airtight doors and windows (We had to. Our dining room was a complete no go area without them) but the smoke still gets in through the chimneys and air bricks, which we can't really do anything about ,although we have the living room chimney blocked as much as we can.
Essentially, they are too mean to run their central heating and don't care who else suffers from their economy. I have been keeping a record, and taking photos, and have ordered a pollution meter, but what I have read above does not give me much hope.
A couple of weeks ago I sat in my front room wondering what idiot had foreworks in the rain to discover we had burning embers floating across our gardens from his chimney, going round to his house I was met with the neighbour on the other side. There is no need for him to have a wood stove we are 3 bedroom ex council houses on a huge ex council estate, a terraced row. It’s pathetic. I cannot have my windows opened, I have written him a letter asking that if it needs to be raised he does this but I will contact the local authority anyway to check it meets standards as he installed it himself and his workmanship is shoddy to say the least ( his makeshift conservatory roof appearing in my garden after a windy day tesitifies to that)
The government needs to do more to regulate this issue and definitely stop them appearing in built up residential terraced houses where we have no option but to breathe in the fumes.
I used to have life-threatening asthma attacks, but have been asthma free for decades and very fit and well. I left London due to the smokey atmosphere all over the streets caused by senseless and inconsiderate people smoking at every turn, especially next to business air-conditioning units - result? They were allowed to carry on their poisonous habit to the detriment of everyone else's health! I developed hyper-sensitivity and resultant asthmatic symptoms ONLY AFTER the law was changed to stop them smoking inside buildings, so now they just smoke in your face at every turn on the street! These people seem to be happy go lucky fools as their response is always "It's in the open air, so it shouldn't affect anyone! Really?!!! They don't seem to have noticed that the slightest breeze carries their nicotine and numerous chemicals straight to you - of course, they just don't care. I've constantly been badly affected by the smoke from people lighting up on train platforms without a care (not to mention it's illegal), but of course never enforced... Please post your petition - I'll be glad to sign it!
Our neighbour has two of these stoves in his bungalow, both of which produce smoke when they are first lighted. This initial issue of smoke is NOT the problem - the problem is with the invisible fumes that follow, not only outside of the house, which would be bad enough, but particularly inside, even though we have sealed up the air vents and keep the windows closed (except during cooking and bathing.)
We have purchased an electrical air purifier and my wife wears a Cambridge mask around the house. Both of these do help by filtering out the particulate matter, BUT we are still left with the chemical content of the fumes, this includes formaldehyde and benzine, both of which are carcinogens.
The local Environmental Health Department are useless in this matter, as all that they are concerned about is if the stove is of the 'approved' type, if it has been correctly installed and the unprovable variable, if the fuel is 'approved.'
People shouldn't have to go to the measures that we have been forced to take in their own homes, simply in order to be able to breath.
I wonder what the long term effect on peoples health will be from these invisible fumes - The government is clamping down on vehicle exhaust emissions, but it seems to us that wood burning stoves are somehow 'ring fenced', maybe because the very people who make the legislation are exponents of the beastly things.
Like my neighbours they are clean and no smoke my neighbours chimney is covered in black tat and smut and what looks like oil running down
My problem is not like above.
I live in a cottage in a very small close village. The only source of heating and hot water is the Rayburn I have in my kitchen and an open fire I have in my living room.
Recently my neighbour has started complaining to me about the smoke from my chimney.
There is no gas supply to the village and everyone has a coal fire.
My neighbour is a little “cantankerous” and I’m afraid he will do some things mentioned in the article above. Where do I stand ?
I can’t control the wind, but I have two small children and I need heating and hot water.
The mask also helps with the nuisance of cars sitting idling with their engines running. If people knew what it was like to fight for your breath they might not be quite so selfish.
I cant believe that when we had smog years ago chimneys were banned and now we have global warming they blame it on everything except wood burners.
Wherever you walk or drive the air stinks of it
I had the environmental officer come along to check it out and he couldnt detect any harmful fumes in my house. They allowed him into their property with the same result.
Does this mean I will just have to put up with this nuisance?
We can no longer have our windows open at our house because of the fumes from our neighbour's wood burner - it makes my eyes sting and causes me to cough and the smell of the smoke is terrible!
Our neighbour is not a particularly thoughtful person and has a total disregard for our comfort - he is obviously keen to enjoy his home as much as possible regardless of the impact on those around him.
I cannot believe that these burners are allowed at all anywhere! The other evening there was a smog of low-lying fumes from log burners covering the street- it was like being transported back to Victorian Britain.
My question is this :- Can photos and videos which I take now BEFORE I notify them of the start of Court proceedings be used or can I only use photo and video evidence taken AFTER I have notified them i.e. If I notify them of court proceedings in January 2018, can I use photo and video evidence from now November and December 2017 (and photos and videos from 2011/2012 when we had Enviromental Services involved)
My house move cost me £50,000 in stamp duties etc and legal fees, estate agency fees etc
The local sweep told me he had condemned the chimneys 4 years previously, but they had them swept by someone else. My neighbours (terraced) had more than one fire engine callout as they cleaned their own chimney and consequently had chimney fires. The bituminous odour hung over my home for months on end.
My lung capacity in my lower airways reduced to 56% and I was on steroids.
I only had symptoms when their chimneys were operational. When I moved I stopped my medications altogether and started singing again.
Several friends in that small town are now dead from asthma, lung cancer; heart condition related to asthma, an unusual type of emphysema and sinus cancer (very rare). There were 3 pubs emitting in a t-shaped street system, as well as houses with wood-burning.
Now I am upset as I have isolated myself from my work and friends and tonight my new town has started up burning and there have been bonfires all this week. When I went to church this evening the whole town reeked of woodsmoke and so I will have to consider giving up going out for the foreseeable future in the evenings, especially. That means I have no social life. Thanks, guys. Wonder what you are all doing to the children in your area who have inhalers and to the elderly and vulnerable people. Oh yes, it can be okay at hearth level inside if the wood is burning brightly, but what comes out of your chimney and pollutes everyone else is a toxic nightmare to vulnerable people- and to yourselves ultimately, because we are the canaries who detect it in our lungs first. You may still be affected in later life.
I'm looking for some help we want a log burner installed but the only wall it can go on backs into next doors garden, it would be above head height on the wall and would rarely be lite but it is the focal point we want for our living room.
Where do we stand? Is it upto them whether we can have one or not?
I really don't want to upset anyone
Thank you
I have lived in this house all my life. New neighbours have built outdoor stoves which pollute my house and garden with smoke/fumes. There is space to build them elsewhere. When I mentioned this to them the reaction was verbal abuse, threats etc a type of anti social rage. Consideration for others seems to have gone, only I want, I want, I want and if you complain you are a moaner.
Count me in for any support/action.
Smokey.
The last three tenants have been anti-social in a number of ways. We were told that the last family have been rehoused several times, due to being anti-social.
The latest family came February 2015 in a Large City Link Ford Transit ?(in receivership), which was parked inconsiderately for over a year, causing us problems. I finally managed to have it taken away by the Council. Soon after they moved in, one of our new fence panels was badly damaged by their children ramming their cycles into it. When I asked the man if he would help to replace it, he just said,' I am not wasting money on that!' It cost me over £30 pound and several days work. He bought a second large car and parks one sticking out diagonally across two parking spaces. The second car is parked about four feet out in front of the first car, which makes it VERY difficult for us to leave our parking space,due to lack of room. 'Move your car over then', was his response!
We have a rear access path which runs behind their back garden, which we use to transfer rubbish to the front for taking to the local dump. I cut back a badly overgrown hedge, which is actually the responsibility of the Housing Association, to clear the path. Next door has now dumped rubbish, including two mattresses on the path, thus blocking it totally. I have been waiting over a month for both the Housing Association and our Local Council to take action!
My wife and I are nearly 80 Years old and do not need this stress at our time of life!
I am taking legal advice over his behaviour towards me in general, but what is the point of a smokeless zone, if it is never enforced?
(a)making good all damage occasioned by the work to the adjoining premises or to their internal furnishings and decorations; and
(b)carrying any relevant flues and chimney stacks up to such a height and in such materials as may be agreed between the building owner and the adjoining owner concerned and relevant flues and chimney stacks are those which belong to an adjoining owner and either form part of or rest on or against the party structure.
(5)Any right falling within subsection (2)(f), (g) or (h) is exercisable subject to making good all damage occasioned by the work to the adjoining premises or to their internal furnishings and decorations.
(6)The right falling within subsection (2)(j) is exercisable subject to making good all damage occasioned by the work to the wall of the adjoining owner’s building.
extension into their back garden. Recently downstairs installed woodburning stove, the chimney of which has been located on the roof of the extension, about 10ft from Dads bedroom window. The 4ft chimney is an eyesore but dad doesn't look out the window much now so not a problem However now the smoke has started to blow in but Dad says he will just keep the window shut. Are people allowed to do this? Jim
The smoke is horrendous it is engulfing about six properties.
A few things to consider-
Installation was done by him. I m pretty sure he would not have building regulations
He has built a small "extension" at the side of his house approx. 2 metres high, 1 metre wide and 0.5 metres out from his property. Would he need planning permission?
The person that built all the properties had a house above them and in mine and all other neighbours houses it is in our deeds that we cannot have open fires or fuel burning additions to the house.
Can anybody advise me on how to deal with this issue.?
I have spoken to them about this and they said that they would move to the end of their garden to smoke, but to date they haven't done this. (I asked them 7 months ago).
The smoke causes me health problems as it goes straight to my chest and causes me to wheeze.
The mother is very ill and still smokes, but I feel that I can't raise this with them again due to her ill health.
They also have a noisy barking dog which winds my dog up no end. Luckily my dog doesn't bark back but does try and get through the fence to get through to the dog!
Can someone please give me some advice on how best to tackle this situation ? Thank you.
I have found out that the previous owner of my home replaced the neighbours fencing, guttering and facias. He does little to no maintenance or gardening. He tried to get his house painted for free recently when I had mine re-painted. He said the house painters had damaged his property. They hadn't and they were very polite to him but refused his request. Where do I stand legally? Any suggestions are welcome. I need this work done, my daughter sleeps in the room below the chimney and the thought of the chimney crashing through the roof is horrific.
This is causing considerable nuisance to myself and about another ten houses because the chimneys to low it causes a vortex around the cul de sac type area we have had the council and local MP involved but because it complies with building regs they won't do much, the environmental officer does not want to know
It looks like we are being left to the mercy of twits who install these things. I had to chuckle sardonically at the news that authorities are considering banning cigarette smoking anywhere in public (quite rightly perhaps) and totally ignoring the issue of domestic fuel burning in neighbourhoods.
The council refused to even test the air, they just sent two chaps, one ponging of aftershave to sniff the air and pronounce it couldn't be smelled in my house. Which might be because they arrived an hour after the neighbours just happend to have put their wood burning stove off.
We can only cook early in the afternoon when the wood burning stoves are least likely to be on. we can't open our windows, we can't sit in our garden.
Why can't some university measure certain streets and compare it with the pollution levels in say china. I bet the figures round my street would be equatable. I live next to one twit who has two of them, one in his garden shed. and another twit across the road who has two wood buring stoves.
Won't someone for god's sake help us out this misery.
furniture factory. These offcuts are sometimes laminated. We also have to close
windows and come in from the garden because of the smell and smoke. I approached our
neighbours and he was very abusive. The Environmental Health people let our
neighbours know when they were coming to inspect and of course everything was
in order. These people also continually drink and drive and sometimes he intimidates
us when he has been drinking.
When it started I confronted the owner of burner ,got very negative response.
One should be able to ventilate ones property without foul air entering house. Or open ones back door without any smoke entering .
Since the neighbour installed burner my winter months, most of the time, are unbearable.
Even with windows closed smoke smell enters through window and toilet fan vents.i have taped my bathroom vent over for some relief,
It has been so bad I've even called the police because I got so frustrated because nobody seems to bother about my plight.
I contacted EH BUT VERY NEGATIVE RESPONSE!!!!!!
I was told by them that I had to fill out nuisance forms for 2weeks so they can divide when to view the nuisance.So while I'm being smoked out,I have to sit there and fill a bloody form in.
When ever I try to contact someone from my local council to speak to to EH officer.its hell of a process.Their should be someone always available to speak to when this problem is an issue..
I also notified the EH. that I had been diagnosed with an asbestos related problem with my lung,and was told that was not an issue.
In these days of clampdowns on passive smoking everywhere,and now vehicle emissions in relation to where schools and hospitals are built no one seems to bother about ones right to breathe clean air in the place you live.
The smell from these "fad fuelled symbols" is far worse than any tobacco smoke or or vehicle emissions.
Would like to hear from anyone with an up to date problem I'm experiencing
IKE.....
Unfortunately the Ombudsmen ignored a number of queries I put forward and refused my request of an extension as I was waiting for an expert opinion on the situation. The Ombudsmen also agreed that the wood was dry enough to burn on a DEFRA exempted stove despite my Local Authority not testing the moisture content of the wood to an industry recognised standard.
This has left me no option to try and seek an abatement order privately through the courts. My solicitor has written to my neighbour on a number of occasions requesting redress of the statutory nuisance and has recently issued a draft copy of the particulars of claim in preparation for legal action. My solicitor is now in process of finalising the particulars of claim to issue to my neighbour along with a summons to court.
The last letter that I have received from the head of Planning and Regulatory Services from my Local Authority says that “ Under the Environmental Protection act 1990, smoke emitted from premises so as to be prejudicial to health or a nuisance may constitute a statutory nuisance, however this does not apply to smoke emitted from a chimney of a house within a smoke control area. As you are aware Mansfield District Council is a smoke Control Area"
Does this mean that my neighbour is allowed to cause a statutory nuisance with smoke from his chimney as we are in a smoke control area? I would be grateful if you could let me know if this statement is correct as I am keen to bring an end to this unhealthy and stressful situation.
I look forward to your reply.
I have been experiencing a problem with smoke from a neighbours wood burning stove for almost three years. My property is in the prevailing wind direction and the smoke blows over my property the majority of the time when the stove is lit. However, we have witnessed excessive fumes on our property on occasion when there has been very little or no wind. We have suffered the smoke and toxins entering our house, garden and outbuildings to the extent that when the stove is lit we have to stay indoors and keep the windows and doors closed, as do our neighbours to the other side of us. The smoke has triggered smoke alarms in my property and other neighbouring properties on a number of occasions. I have had an expert witness carry out a review of the situation and the expert witness is in the opinion that there is more smoke being generated than would be expected for a DEFRA exempted stove and the smoke is not dispersing in a normal way. The expert witness has given the terminal type as one of the reasons for the smoke not dispersing sufficiently. HETAS have carried out an inspection of my neighbours installation and have confirmed that the appliance has been installed compliantly to current Building Regulations however, they have recognised that the smoke nuisance has been an ongoing problem associated with the installation irrespective of compliance or non-compliance. HETAS have appraised the expert witness report and the same videos of the smoke that were supplied to the expert witness along with a number of videos that have been taken this year. HETAS have not disagreed with any of the content within the expert witness report.
I believe that the smoke ingress in and around my property is classed as statutory nuisance and I reported the problem to my local Environmental Health Department. I also reported it as a Health Hazard as the smoke has caused health problems to me including a downturn in breathing capabilities as I am asthmatic, burning sensations to my nose throat and lungs and nosebleeds. An officer from the Environmental Health Department visited my neighbours property on a number of occasions and closed the case in 2012 saying that the stove had been installed by a competent person and the wood that my neighbour was burning was satisfactory to burn on a DEFRA exempted stove. My local Authority have never been on my property to witness what we are witnessing i.e. the chimney producing more smoke than would be expected for a DEFRA exempted stove and the smoke not dispersing in a normal way and returning to ground. I have been through my local authorities complaints procedure as I believe they have not upheld their duty of care to me and I have taken my complaint to the Local Government Ombudsmen. The Ombudsmen stated “ I have no grounds for questioning the merits of the officers decision” and concluded “I have no fault with the Councils investigation of Mr *** complaint”. Unfortunately the Ombudsmen ignored a number of queries I pu
keeps complaining to the housing people I only uses logs in it which I get from work is it against the law to have one . I don't burn it every night
can someone advise me please
Subsection (1)(b) above does not apply to—
(i)smoke emitted from a chimney of a private dwelling within a smoke control area,
I need some evidence to prove that the comment made by Steve is valid, as i wish to go down this path.
Thanks in advance,
Chris
I believe that this is not actually true. If this is in a smoke control area and the appliance in question is an approved appliance and the fuel being burned is an authorised fuel then the owner is not committing and offence under the Clean Air Act 1993.(CAA 1993)
However, if the smoke is causing nuisance to neighbouring property then it may constitute a statutory nuisance under the Environmental Protection Act 1990 (EPA 1990) This must be investigated by a local council's EHO and if substantiated then a notice may be served on the owner of the wood burning appliance to take such actions as may be required to abate the nuisance within a specified time period. Failure to do so would be a breach of the notice and lead to prosecution.
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