Your Rights Under the Clean Air Act 1993

Originally written by Jeff Durham, updated by the editorial team on 19th May 2026

What the Clean Air Act 1993 covers

The Clean Air Act 1993 sets out rules about smoke, chimneys and certain types of air pollution. It applies primarily to trade premises, industrial sites and businesses, though it also affects residential properties in designated smoke control areas where restrictions on fuel use apply.

You are most likely to encounter this legislation if you live near food preparation businesses such as takeaways and restaurants, factories or workshops that produce smoke, or agricultural premises with burning activities. The Act gives local authorities powers to act against smoke pollution from these sources.

For problems with a neighbour's bonfire or garden burning, the Environmental Protection Act 1990 will usually be more relevant. That Act deals with smoke, fumes and other issues that amount to a statutory nuisance from residential properties. However, bonfires in smoke control areas may also fall under Clean Air Act restrictions.

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Dark smoke and what it means

Dark smoke has a specific technical meaning under the Act. It is measured by comparing the shade of smoke against a Ringelmann chart, which grades darkness on a numbered scale. When smoke reaches a certain darkness threshold, it triggers the Act's prohibitions.

Materials that commonly produce dark smoke include rubber and tyres, plastics and synthetic materials, painted or treated wood, densely packed timber, and oil or petroleum products. Burning these releases pollutants that harm air quality and affect nearby properties.

Under the Act, it is an offence for trade or industrial premises to emit dark smoke from a chimney. There are also rules about burning materials in the open on industrial or trade land. A business found to be producing dark smoke can face prosecution and fines.

If you regularly see dark smoke coming from a nearby business or industrial site, your local council's environmental health team can investigate. They have powers to take enforcement action, though outcomes will depend on the evidence available and the resources the council can allocate to the case.

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

Chimneys, furnaces and smoke control areas

The Clean Air Act 1993 sets requirements for chimney heights on industrial and trade buildings. Taller chimneys disperse emissions more effectively, reducing the impact on nearby properties. Businesses may need approval from the local authority before installing or altering a chimney.

The Act also regulates how furnaces should be installed and operated on commercial and industrial premises. In smoke control areas and under specific industrial regulations, furnaces must be capable of operating without producing smoke when burning the fuel they are designed for. Installation often requires local authority approval.

Smoke control areas impose additional restrictions on what fuels can be burned. Only authorised fuels or approved appliances can be used in these zones. Many urban parts of the UK are designated smoke control areas. You can check whether your area is covered by contacting your local council or searching on GOV.UK.

Authorised fuels are tested and approved as producing minimal smoke. The Department for Environment, Food and Rural Affairs maintains a list of these fuels and approved appliances. This list is updated periodically, so it is worth checking current guidance to ensure compliance.

What you can do about smoke problems

If smoke from a commercial premises, factory or trade site is affecting your property, keep a record of incidents. Note dates, times, wind direction and how the smoke affects you. Photographs or video footage showing visible smoke, along with timestamps, will strengthen any complaint you make.

Report the problem to your local council's environmental health department. They have a duty to investigate complaints about air pollution and can take enforcement action where the Clean Air Act 1993 is being breached. Most councils allow you to report environmental issues online or by phone.

For ongoing problems, a formal written complaint setting out the details clearly helps the council assess what action to take. Be aware that enforcement can be a slow process. Councils may issue warning notices, require changes to equipment or practices, or prosecute persistent offenders, but these steps take time and results are not guaranteed.

For detailed information about the Clean Air Act 1993 and smoke control areas, visit GOV.UK or contact your local authority directly.

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35 questions

Ask Problem Neighbours a Question

Coffalot 08/05/2023 at 3:12 pm

My new neighbor has built a large extension on the back of his house the work has gone on for several weeks,he did apologise for the noise but ,that is the least of it, one day a huge ugly chimney come poking out of the new extension,a log burner was in the process of being installed, i asked the installer about omissions he assured me it was perfectly safe.However every time he fires up my daughter and I know about it, my daughter is handycaped she has a cough continually due to burning smell, I am a seventy two year old woman with asthma and a week right lung I have lived in my house for over forty years,a ban needs to be enforced on these indoor bonfires that have become all the fashion.

FM Pratt 24/09/2022 at 7:35 pm

My neighbour (who has a 9 year old son) has complained that she can hear when I SING too loud in the bathroom late at night, from her bedroom - so she claims. She has furnished no evidence of this eg a recording.I am Autistic, very nocturnal, going to bed very late and never fully relaxed unless I am in the bath at night, and I have to sing at least once a week to make sure my voice doesn't break (since I am a Transman and on treatment for this) as directed by my Specialist. On the start of the Tenancy, I made her aware of this and she said it was fine, as did the Estate Agents, who assured me the property was well sound proofed. Nine months on, it is a very different story. Why bring the problem up now, when she could have done this earlier? I explained situation, but she just ticked me off, which made me very upset with an Autism meltdown. I am now forced to sing in another location, which does not help me to relax. I have tried very hard to avoid hostilities on the subject, but am now accused of being inconsiderate and selfish by my Mum, who does not understand the situation, seems to forget I am Autistic and the effects it has, and tells me to change my routine.The property is semi-detached and her bathroom backs onto ours, as does the bedroom, so I don't see how she can hear what is being said in our bathroom. I might as well work nights, as I sleep most of the day and don't have time to sing then! My partner and I think it is unfair and is detrimental to our enjoyment of the property. What rights do I have? Am I exempt, as it cannot be considered excessive noise at just one night a week.
I would also like to know what my rights are when the previous tenants smoked weed and despite a deep clean at the property, there is still the smell of tobacco and it is embedded in the walls of the lounge. No redecoration was carried out, despite a request for this. The Agents just tell us to ventilate the room, but it makes no difference. Now we never open the closet door in the lounge unless we have to, as it is there that the smell is most prominent. Strange that the same neighbour never reported her concerns about these people smoking, to the Police or the Council, so her account of events appears to have a flaw in this aspect. One would think her son's welfare would come first. As luck would have it, a Police Officer lives on the other side of us, so maybe he gave these Tenants a caution. One of them was on Probation for something or other anyway, so I don't know what to make of the case. Has anyone any ideas about either issue?

Lindad 29/07/2022 at 8:19 pm

Neighbours put air fresheners all down my 150foot garden.Some smell like chemicals & are burning my face & affect breathing .They won't admit it,think they are either sensored or remote controlled. Everytime I go in my garden I smell them .What the heck can I do, they aren't visible over the fence but I can hear the "puff" as I walk.

TAB 01/02/2021 at 8:52 pm

I’ve been in my Curo bungalow for 15 years and never had problems with my neighbours until 4 months ago when a couple moved in and spent 9 weeks doing relentless daily DIY. They’d do it on Sunday afternoon and when we asked then to give us peace so we could have a kip on Sunday afternoon they got worse. The wife continually bangs cupboard doors which has escalated because we asked her to stop banging as it’s costing us loss of peace and quiet, and the whole situation is totally stressing me out. I’ve taken sound recordings and shared them with Curo but even though there is a “respect your neighbours right to peace and quiet” clause in the tenancy, Curo said the noise is part of every day living and they won’t do anything. I think this is disgusting, and don’t know what to do.

Airy 23/01/2021 at 5:35 pm

We have just had new neighbours move in next door to our terraced house, their bathroom and toilet vents are very close to our back porch and kitchen windows and their air freshening chemicals are causing me to have breathing problems; I think they are using some sort of pump out device because I'll be standing out in the garden enjoying the fresh air and suddenly there is a burst of overwhelming scent and I can't breathe properly It's so strong that I can't open the porch door, or kitchen window. Part of my problem is that my family don't have my problems and are unwilling to approach the neighbours or the landlord and don't understand how little it takes to affect me.I've had this problem over several years and it's unbearable in summer, not knowing whether I'll get fresh air or the overwhelming stink or the neighbour's chemicals. We can't use any air freshening or cleaning chemicals because I am extremely sensitive to them. What are my rights in regards having unpolluted air in my home and garden. My health is suffering badly because of the use of other's chemicals and my life has become a waking nightmare. Please help me!

guitar fan 27/12/2020 at 12:14 pm

We live in a Bungalow the man next Door as installed a log burner he is burning wet wood he has fitted the log burner on a low extension.
I took a photo of the wood which is very wet outside His garage, ready to chop up.
I have had to cover the vents and close the windows on our Bungalow, the fumes when the wind is blowing are really bad, I suffer with bad Asthma, I can’t Breath, my eyes are burning, my clothes are smelling,
The main thing is the fumes, I have 3 Grand children with Asthma
I can’t go outside because I can’t stop coughing when his log burner is burning, what can I do I don’t want to get into a bad Argument

cidersue 09/08/2020 at 11:21 am

I have a neighbour who live opposite to my bungalow. It seems that they think it is alright to build a large bonfire 3 metres high. The materials on the fire are straw, hay, horse manure, plastic waste and green garden waste. It is lite during a heat wave and the smoke and fumes blow directly into my bedroom. The smell from this fire even penetrates through closed windows. All my bungalow stinks terrible. I am a chronic asthmatic and the fumes and smoke are affecting my health. I have spoken to the people about it and they told me to stop moaning and b****r off.

Helpless 05/08/2020 at 4:26 pm

I have a neighbour who constantly lights his chimney, it blows straight into my house, I always have to end up running around closing all my windows and doors.
He has it lit until very late so I end up having to sleep in a red hot bedroom as it is a domra until he finally lets it go out.
Is there a time people can use these up to and any idea how to approach this with them, they are new neighbours but seem to be very selfish in a lot of things they do.
My husband works away so don't want to upset the apple cart

Poppy108 23/06/2020 at 5:22 pm

I have a neighbour who loves to play the piano and violin, when their windows are open I can hear it in my lounge, and you can forget about sitting in the garden. The noise is begining to drive me nuts. What can I do about it, it is a rented property.

Healthy 03/03/2020 at 7:44 am

I live in an area where my neighbours have log burners. The wood being used are freshly cut trees, pallets, some with paint and varnish on them. The air quality is so bad the we can not go out in our garden, hang washing on the line or even open our doors and windows. I feel like a prisoner. My husband has COPD emphasima bronchitis and this air quality is causing him real problems. How can we stop our neighbours from using these burners. Its bad enough that we are near a main road but the burners are worse.

bra 31/12/2018 at 1:57 pm

Neighbors having bonfires over night omitting a large amount of smoke even into the small hours and have set fire to a hedge once in a drunken spree

LinH 15/11/2018 at 8:22 pm

I live in a flat and am being kept awake by another tenants loud TV. They have it on all night from 10.00pm until 5.00am next morning. I have had the council in to monitor the loudness level but they say it isn't loud enough to do anything about. I also don't know if the noise is from the flat above or below my flat. The TV is situated in a room which is either above or below my bedroom. It could be that a person is renting a bedroom in a flat as a room is watching TV all night and don't know that it can be heard in my flat. They obviously don't think about the fact that other people do go to bed to sleep. They are a lot of selfish people that don't care about anybody than themselves these day.

dap 16/09/2017 at 8:15 pm

We've talked to our landlord about it a couple of times, but all he did that we know of was post a letter to all apartments in the building saying basically to deal with our problems by talking to each other... So we were wondering if there is anything we could do like as they would go to the council for the noise we make, if we could do something equivalent for them? Thanks

Oathkeeper 24/05/2017 at 4:29 pm

Question please. If an exempt appliance is used to burn green wood, ie wood that has not been kiln dried or properly seasoned, whilst doing so produces vast amounts of smoke out of the chimney.., is the appliance no longer exempt?

You say It's only exempt if it burns authorised fuel, ( is green wood an authorised fuel ? ) without producing smoke, so if it does produce smoke, shouldn't the EHO act accordingly ?

ProblemNeighbours Editor 08/02/2017 at 11:38 am

Speak to your landlord about the possibility of introducing a no-smoking policy in the communal areas and to investigate the extraction issues.

Zozo 07/02/2017 at 1:24 am

We too have problems with neighbours smoking cigarettes and weed in their garden we cannot open our windows to let air in as it drifts through windows also when neighbour cooks the cooking smell stinks our first floor maissonette out terribly I opened the comunial doors and windows outside and get a mouthful of abuse from neighbour who lives below us our flat has an upstairs and Downstairs and there's no air vent or window on landing so strong cooking smells stick in that area the only way to clear it is to open the comunial door for roughly an hour. Underneat . My stairs to our bedrooms is the comunial so any smells run up stairs council told me not their problem.

Chambo 24/01/2017 at 5:57 am

I am a 70 year old pensioner,
As a builder I enlarged my house I purchased around 12years ago.
Lovely area,great position.
Was enjoying my life here were I was born. Then about four years ago my neighbour about three years ago decided to install a wood burner.
Since the my life has been a nightmare.I have been dealing with this with the local environment health people for four years now to no avail. They are useless .Every year from around November to spring I cannot have my bathroom window open or my toilet window when this is happening.the smell of smoke comes into my house even with windows closed.
I've filled nuisance diary forms in so the O.E.H. know when this happens and are supposed to view problem. They have been round but never when the problem arises
I've used recommended out of hours number no one responds.
I've showy them video footage taken of smoking flue with black smoke emitting from it,they say that it is not evidence, they must actually view it happening.
I asked one officer on the phone one day what happens now I've filled In nuisance forms,she replied we've been round to see neighbour ( person causing problem) what you fill forms out for is.so they visit you to view the problem
In this case unfortunately the neighbour used to work for the local council in the department.
So it's the" old pals act" .
This year I've. been told by e:mail by the local environment chlef they can no longer help me so case closed.

ProblemNeighbours Editor 17/01/2017 at 12:53 pm

It is a local authority provision? If so, and you've already tried contacting them/offering solutions with no success, there's not a huge amount we can suggest. Are there any additional sound proofing measures that you could implement to your own property? Such as thick planting etc? Are other neighbours experiencing the same problems? If so, could you get together and ask your MP or councillor to look into options for you?

Dino 16/01/2017 at 2:33 pm

we live next to a public 'open space' and within 8 metres of a 'kick-about' goal apparatus that has 'rebound' boards and steel mesh on it. The sound of children playing is not really an issue despite some of the language that gets used - our problem is with the banging sound that the ball makes from foot to rebound board and the crashing noise the ball makes when it hits the mesh - they might as well be kicking it against the wall of our house. It is incredibly loud, repetitive, and very stressfull. We have a nice outside space but cant enjoy it when they're playing kick-about. In the nicer weather we have to shut the windows and turn-up the volume on the tv. We are early risers 5AM because we commute a good distance and so like to go to bed as early as 9.30PM - in the summer the kids can be out as late as 10pm kicking the ball. Whilst the apparatus was insitu when we moved there it was actually installed whilst our property was unoccupied as part of a local private development,and it really wasn't used much (to any effect anyway) in the first 9 months. The actual sound level given by the ball and board impact I have monitored as high as 90db.
The local authority seem to be making it difficult to find a way forward despite my offer of a financial contribution to it's removal/relocation. Any ideas?

FATLADY 13/01/2017 at 3:10 pm

The British are too soft with the unruly types, we all have rights and I for one am sick of being treated like I don't matter.
I have persistent put up with a couple above me stamping back and forward across my ceiling and slamming doors, not just occasionally but three or four times in a row. This happens every single night flakes of paint come off my ceiling and the flat shakes. I was told to approach them which I did, it quietened down for a couple of months then started up again I sent them another letter a week ago and even bought a box of biscuits, they put two fingers up and the stamping and slamming of doors has been relentless, lasting from midnight until four o' clock in the morning. So much for being polite!! If I could do it my way they would stop immediately and learn some manners.
I am a victim not a whinger, I want my sleep!!

Ina 30/09/2016 at 10:50 pm

We live in terraced house with only one house on one side, so they are only detached to us. Their smoking is getting completely unbearable as it drifts through the windows and my child complains about a headache. Felling hopeless. Please help to understand our rights. Thank you

Ina 14/09/2016 at 10:48 pm

There were questions asked about cigarette smoke drifting through the windows, but could't find an answer. If the amout of cigarettes smokes exceeds 100 per evening, 3-4 people smoking just next to the fence at their garden doors, our house is full of smoke the minute we open the rear door or windows. They also have a saniflo working every 15 minutes and washing machine is run 3-4 times a day. These people are always in the garden, talking loudly. It has started affecting our health as I have stress related hives and eczema... Please help, is there anything we can do?

Don 09/09/2016 at 12:57 am

Neighbor in charge of the 1978 covenant restrictions denied my detached garage even tho he verbally agreed. Once the footer were poured and a ton of money there after, he said if I built it he would have me tear it down. Now the game begins, I requested a car port and it was shot down. I requested a carport to be attached to the house and it was shot down. The restrictions state that it has to be attached and of the same materials as the exsting structure. OK, wood and shingles, yet he has a brick house and added a room addition to the back with no problem. I called the county and they said he did not have a permit. Can I sue this guy in some way shape or form before something bad happens here?

ArtificerJon 14/07/2016 at 3:32 pm

Our neighbors are cigarette smokers but they only smoke outside in the area adjacent to our joint boundary. As a consequence we cannot open our conservatory doors when they are out smoking as the smoke drifts from their property (to the west of us) into ours causing a very unpleasant smell and, presumably subjecting us to the effects of their second hand cigarette smoke.

What are our rights ?

ProblemNeighbours Editor 12/07/2016 at 12:42 pm

Yes if the noise contiunues into the night or is constantly excessive during the day - to the extent that you would definitely say it's interfering with your enjoyment of the property you should try your local environemental health dept.

Bridgie 10/07/2016 at 8:43 am

This is the 3rd time in row we have had nightmare neighbours! The house next door is been rented by supposedly 2 men & 1 woman. It's more like 4/5 men and 3 women. They play music all day and night, they have bbq's constantly, making it extremely difficult to hang out the washing. They shout all the time, (I think this is a cultural thing) and every weekend and sometimes weekdays they have parties! My husband works nights and he often looses out on sleep due to the noise. We have contacted the letting agents and complained, but all they seemed interested was the fact that they might be subletting. Is there anyone else that could help me with problem?

Hanahb 20/03/2016 at 5:11 pm

Our downstairs neighbour plays loud music constantly and we have complained several times to our local council and they come on the day to see the noise levels but coincidently when they do come she no longer plays loud music, but once the council people leave she starts playing really loud music again. Her music is so loud to the point that our heaters and floor vibrates. To make matters worse we can't hear the T.V at times and is even more difficult for me as I have hearing loss in one ear and I have tinnitus which does not help. But the council says that they can't do anything as they don't hear anything when they come and that they can not take action until they believe that they should and that the noise level is intolerable. But she never plays loud music coincidently when they are present only when they leave and it seems they do not believe us and this has been going on for 9 years now and it has become very difficult to live in the flat above her now. Sometimes she even plays music early in the morning when people want to sleep and late at night which is difficult for early risers who have to go to work, school or Uni.

pansarotti 28/02/2016 at 12:58 pm

My neighbour below has installed a wood burning stove and its flue is only 3 meters from my large windows. The fumes stink and enter the windows.Environmental department says it is only a nuisance and wont act until someone is ill.

ProblemNeighbours Editor 05/02/2015 at 12:37 pm

@juliad. It should not be dangerous (steam and carbon dioxide) but - ask a corgi registered engineer to come and take a look at where the vent is. They'll give you a good idea on whether it's in a legitimate place or whether there's an alternative (e.g going further vertically etc).

me 28/04/2013 at 9:16 pm

My neighbours flue is in my yard fumes come in though door an windows and fill the yard is it safe for my children?

nmb 14/03/2013 at 12:52 am

Yeah, ban fireplaces for emitting smoke from the chimney! Then write about frozen pensioners. Dumb brits

rich 10/02/2013 at 2:18 pm

We have had developers move in on an old chemical site behind our homes.The toxic waste has been capped off for the past twenty years.The developers have now dug down and piled tons of toxic soil on one side and the odours are over welding when the winds blow towards the houses.we have asked how long the spoils will be there but none of the agencies know.what are the rules for this as it has been going on since July 2012
Thanks,
Richard.Warren

Vmb 07/10/2012 at 9:34 pm

My neighbour burns any wood they can get hold of on their wood burner including pallets and discarded roof timber. The smell. Is unbearable and as early to bed people we can't leave the windows open in case more wood goes on the fire during the night as it irritates my breathing. From 3.30 onwards everyday we get smoke but more worryingly the smell of burning chemicals. Neighbour has taken offence when I asked if they were burning treated wood. Help!

fish 30/03/2012 at 11:28 pm

My self and my neighbours are experiencing excessive dust, noise and vibration from a waste management site that has been licensed next to our homes. This site sorts waste material from skip using a trommel and there is always at least a 20 foot pile of waste material waiting to be processed.
My question is; is there any legislation to protect us from this? As we have elderly, disabled people and infants living along side this.

Dinah 23/09/2011 at 12:33 pm

My neighbour has put wood panels down along side of the brook he placed the posts on the boundary but has put the wood panels on my side of the boundary is he allowed to do this? I have spoken to him about this and he became very defensive towards me, should he have put them on his side of the boundary? Many thanks Mary

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