Smoke control areas: what you can burn

A smoke control area is a place where the council has made an order controlling smoke from chimneys. GOV.UK notes that many parts of the UK are smoke control areas, and each council publishes its own. For an address around Hexham, Northumberland County Council is the one to check.

The two rules inside a smoke control area

GOV.UK sums them up in two parts. In a smoke control area you cannot release smoke from a chimney, and you can only burn authorised fuel unless you use an appliance approved by Defra. Those approved appliances are called exempt appliances.

• Authorised fuels are on a government list, alongside anthracite, semi-anthracite, gas and low volatile steam coal.
• Wood and other unauthorised fuels can only be burned in an exempt appliance, such as some stoves, boilers and cookers, and only the fuels its maker specifies for it.

What a council can do about smoke

The Environment Act 2021 changed how this is enforced in England. Its Schedule 12 added a new Schedule 1A to the Clean Air Act 1993, and Defra's statutory guidance for councils was published on 1 May 2022. Under it, when smoke comes from a chimney in a smoke control area, the council can issue a financial penalty to the person responsible, such as the occupier.

• The council may start with a written warning, then a notice of intent, then a final notice.
• The guidance sets the penalty at any amount between £175 and £300 for each notice of intent.
• The person can object within 28 days, and can appeal a final notice to the first-tier tribunal.

GOV.UK also says you can be fined up to £1,000 for buying unauthorised fuel to use in an appliance that is not Defra approved. Each council writes its own policy on how it uses these powers, so the details vary from place to place.

Wet wood and Ready to Burn

A separate set of rules applies across England, inside and outside smoke control areas. The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 came into force on 1 May 2021 and apply to England only. They are about selling fuel rather than burning it.

• Wood sold in units of less than 2 cubic metres must be certified Ready to Burn, which GOV.UK describes as a moisture content of 20% or less.
• Larger loads of 2 cubic metres or more do not need certifying, but the seller must give you a notice explaining how to dry, store and check the wood before you burn it.

Dry wood matters to a sweep too. Damp logs burn cooler and smokier, which leaves more deposits in the flue, and the fire service's sweeping guide already asks more often for wood than for smokeless fuel.

What to do before you choose a fuel or stove

1. Check your council's smoke control map for your street.
2. If you are in one, look up whether your stove is on Defra's exempt list, and which fuels its maker allows.
3. Buy logs marked Ready to Burn, or season your own until they are dry enough.
4. Have the flue swept before the first fire of the season. Ask us for a quote.

This page explains the rules in general terms. It is not legal advice, and your council's own policy and map decide what applies at your address.