The rules for campfires and the burning of household waste. Most of the problems caused by bonfires are dealt with under the Harassment Act. Under the Environmental Protection Act of 1990 (EPA), a legal nuisance includes « smoke, fumes, or gases emanating from premises to harm health or cause a nuisance. » In practice, a fire should not significantly affect the well-being, comfort or enjoyment of one`s property by a neighbour. When are campfires illegal? Article 79 of the EPO 1990 explicitly states that it is considered a legal nuisance if « smoke is emitted from the premises to harm health or to be a nuisance ». However, this does not apply to: There are laws on incineration of certain types of waste and to prevent campfires from causing a nuisance. Campfires can cause local air pollution and disturb neighbors. There are no specific laws regulating the use of campfires, but there are laws that cover their impact on others and the environment. Pollution caused by campfires may fall within the definition of legal nuisance. Campfire rules in the UK can be complicated by their vagueness. It is not illegal to light campfires, and there are no official restrictions on when or how often they can be burned. However, the main concern with campfires in general is safety, environmental damage – mainly excessive smoke – nuisance to neighbours or the public, and any danger to wildlife. It`s important to be well prepared before you even consider lighting a campfire in the garden so your friends and family can enjoy it. So what is the law on campfires and when are campfires allowed? Overall, there are no restrictions on campfires as long as they don`t cause damage.
This is regulated by the Environmental Protection Act of 1990 (as amended) (EPA 1990), which states that the disposal of household waste is a criminal offence if it pollutes the environment or harms human health. In addition, police and local authorities can impose a fine if smoke from a campfire drifts down a road and poses a danger to motorists. Many people believe that there are campfire laws during the day, but the regulations remain the same regardless of the time of day. There are also two other cases where smoking from campfires is a crime: Since there are no specific laws for domestic campfires, as long as you don`t burn inappropriate materials that could harm other people or let the smoke drift down the street, you can choose whether you have one during the day or night. If you find that you are legally allowed to light a campfire in public, it is important to consider your health and safety and that of others. You should also be aware of the potential fire risk to nearby properties. If there is damage caused by your campfire, it can have serious consequences, so it is important that your campfire is planned and executed with great care and safety. There are no laws against a campfire, but there are laws against the harassment they can cause.
This may result in legal action against the person responsible for the fire. If you are concerned that campfires will be lit by your neighbors, it is always advisable to talk to them directly about your concerns. If this is not possible, alternative dispute resolution (ADR) procedures such as mediation and negotiation can be used for more persistent and serious disputes related to campfires or other activities of concern. ADR avoids the need to involve the courts and can lead to a better long-term outcome while maintaining relationships. This is advisable even if a local authority refuses to intervene to issue a refund notice. If you`re not sure how best to proceed, talk to a real estate lawyer who can tell you about your options. In England and Wales, campfires may fall within the definition of legal nuisance under the Environmental Protection Act (EPA) 1990 if they pose a persistent problem and significantly affect your well-being, comfort or enjoyment of your property. A discussion of the Legal Harassment Act can be found in our Pollution section. Our policy regarding campfires is to seek the cooperation of residents to prevent nuisance caused by campfires by requesting that garden waste and other materials be composted or recycled.
In hot and dry weather, the risk of forest fires increases. So we urge people not to have campfires. All it takes is one ember to light a forest fire. Before we get into campfire regulations in the UK, it`s worth noting that since 2020, there have been many tips urging people not to light fires, as COVID-19 is a respiratory illness and smoke can therefore worsen the symptoms of those affected. For example, the Royal Borough of Greenwich explains on its website: « Smoke from campfires causes air pollution that can have harmful effects on everyone`s health. People with existing health conditions such as asthma, bronchitis and heart disease are particularly vulnerable. Right now, people can also be at home with symptoms of COVID-19, a virus that severely affects the lungs and respiratory system. So we ask you to think about your neighbors and avoid having a campfire in the garden right now. They also point out that because more people have open windows to support indoor ventilation, smoke can become a nuisance. While there are no laws for lighting fires in your garden, many other tips have followed suit and advised people not to light campfires. There is no law against campfires, although it is a criminal offence if the smoke or the smell of the smoke causes a nuisance.
Smoke from garden fires in a residential area can seriously affect housing options and the joy of other rooms. It also contributes to local air pollution and reduces visibility on nearby roads in some places. « We can`t stress enough the importance of taking safety precautions for campfires and fireworks, » say the experts at GardenBuildingsDirect (opens in a new tab). « Anyone planning a personal campfire or fireworks display should make sure they are away from homes or outbuildings to protect everyone`s safety and avoid noise for neighbors, especially those with pets! » If we then receive further evidence that bonfires are still occurring, we can issue a reduction notice under EPA 1990 S80 or a full community protection notice under the Antisocial Behaviour Crime and Police Act of 2014. Instructions on campfires on the beach can be found on our Barbecues page. For a campfire to be considered a nuisance, there must be evidence of the frequency of the campfires, their duration, their location and the direct impact of the campfire on the complainant`s enjoyment of his or her land. We have a duty to act and take enforcement action if it can be demonstrated that there is a legal nuisance. In short, the answer is yes – but it`s worth understanding the do`s and don`ts around lighting campfires, whether you want to do it at home or plan to light one in a public place. Read on to learn more about the laws surrounding the lighting of bonfires and how to do it safely. That being said, there are laws regarding the incineration of certain types of waste and the prevention of campfires that cause nuisance. UK law states that you cannot dispose of household waste in such a way that it causes pollution or poses a risk to the health of others – including incineration. This means that you should not burn materials such as plastic, rubber, engine oil or anything else that could create harmful fumes.
In addition to posing a risk to yourself and others, burning materials like this is actually considered a criminal offense. Instead, you should dispose of household waste in an appropriate way, such as recycling. In this case, you should contact your local council for advice on waste disposal and recycling. Having a campfire in the garden is not illegal in the UK, but it is important to follow the rules for a safe evening, which will not cause any nuisance to your neighbours. If you`re planning to attend a public exhibition or create your own fireworks extravaganza, it`s still important to stay safe and follow the law. In this article, we`ll discuss campfire regulations in the UK, including laws about lighting fires in your garden and what you can do if a neighbour`s campfire is a nuisance or danger to you, your family or property. In some cases, if you think this violates UK campfire regulations, it may be appropriate to file a complaint with your local authority, whose job it is to issue a « mitigation notice » if your neighbour`s fire is a legal nuisance. And if they choose to ignore the mitigation notice, they can be fined. As mentioned above, in order to provide legal advice and therefore issue a mitigation notice, the smoke must be fully convinced that the smoke is: if the fire occurs only occasionally, it is unlikely that it will be legally considered a nuisance. Similarly, if you are disturbed by the campfires of various neighbors, each of whom burns only occasionally, a boring action would be difficult, because there are several authors.
National Society for Clean Air and Environmental Protection Bonfire Information Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey.