Your Rights Under the Clean Air Act 1993

The Clean Air Act 1993 will mostly concern residential communities where there may be food preparation businesses nearby, such as fish and chip shops and other takeaway establishments, local factories which produce smoke, farms and neighbours who build bonfires. For the most part, the building of bonfires by neighbours will usually be covered under the Environmental Protection Act 1990.

The Clean Air Act 1993 contains specific legislation to deal with issues such as the height of chimneys on trade and industrial premises, the operation of furnaces, problems caused by dark smoke and the use of authorised fuels.

Dark Smoke

Where you see a plume of dark smoke, this normally signifies that materials which are non-organic are being burned and, therefore, environmental pollution is being caused. The items which are commonly associated with producing dark smoke include, but are not limited to, rubber, plastics, densely-packed wood and wood which may have been painted or treated.

A person or, more usually, a company which is responsible for the production of dark smoke is liable to receive a fine which can be for as much as up to £20,000 under the Clean Air Act, and it doesn’t necessarily have to be thick, black smoke either.

Smoke Control Areas

Most residential areas will be covered by what is known as a ‘smoke control area’ where the main purpose is to reduce the pollution from chimneys by prohibiting the use of coal and wood on open fires in these areas. If you are living in a smoke control area, only authorised fuels (more commonly referred to as ‘smokeless’ fuels) are permitted, unless you are using an ‘exempted appliance’. It should also be pointed out that in many rural communities, some locations are not classed as ‘smoke control areas’, so having a coal or wood fire at home is permitted.

Authorised Fuels and Exempt Appliances

Authorised fuels are those which have passed the Statutory Instruments (Regulations) which are contained within the Clean Air Act. These include gas, electricity, anthracite and others which are predominantly smokeless fuels, along with specifically manufactured brands of solid smokeless fuels. All of these types of fuels are always subject to rigorous testing first to ensure that they have been passed fit to be able to burn in an approved appliance without producing smoke.

Exempt appliances cover the likes of stoves, ovens and wood burners which have been made exempt under the Statutory Instruments (Orders) contained within the Clean Air Act. These types of appliances will have had to have passed tests to prove that they are able to burn unauthorised or ‘smoky’ types of solid fuel but without emitting smoke.

These exempt appliances include any fireplaces that have been designed or adapted for the combustion of liquid fuel, fireplaces made after 31st December 1956 and installed before 1st May 1970 that are equipped with mechanical stokers, and any fireplaces with heating capacity that exceeds 150,000 British thermal Units per hour that have been installed after 31st December 1956 and are equipped with mechanical stokers. DEFRA is the government department you’d need to go to if you if you wish to submit an application for an exempted appliance.

Under the Clean Air Act 1993, the legislation which is in place should fundamentally ensure that, as residents, we are all capable of living in a clean environment where we will not be exposed to the dangers of excessive and damaging smoke. However, if you're concerned about pollution due to a Neighbour's Bonfire, more details can be found in another article contained within this website.

The Next Step

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