Once summer arrives, many of us spend all our free time in the garden around a grill or fire pit, enjoying those warm evenings. But before you light your fire this season, you may want to check that you're adhering to the rules and regulations.
Whether you're enjoying your outdoor living room or making use of your beloved new pizza oven, there's no better place to be this summer than in the garden. That is when you're not being covered in smoke from a bonfire next door.
Bonfires are a great way to dispose of things you shouldn't put in your garden waste; however, they come with strict stipulations, some of which aren't widely known. Luckily, we have the experts here to share their knowledge to keep you safe and fine-free this summer.
Are garden bonfires illegal?
If you've been sorting out the garden this summer, you might have a plethora of garden waste from twigs to old shed palettes. And aside from a trip to the tip, a good way to dispose of these is with a garden bonfire. However, it's not as simple as lighting a match.
"In the UK, garden bonfires are not illegal, but must comply with environmental and safety regulations," starts David Jones, Associate Partner in Residential Property at Slater Heelis Solicitors.
These regulations include smoke drifting across roads, the size of your bonfire, the time you light your bonfire and what you burn. Household waste like plastic and rubber poses a health risk to the environment and you.
If a bonfire breaks these regulations under the Environmental Protection Act 1990 and is classed as a statutory nuisance, you may receive an abatement notice from your local council. If you ignore this notice, you may face a fine of up to £5,000.
You can visit www.gov.uk to find your local council details and more specific regulations on appropriate times.
So while having a bonfire is not against current garden laws, the severity of that fire and the smoke it creates is what can land you in trouble. It's a matter of having good garden etiquette and being sensible with the amount you burn.
David is a highly experienced property solicitor specialising in all aspects of residential conveyancing, where he has been working since 2005, before qualifying in 2007. He has a reputation for seeking practical solutions and offering down-to-earth guidance and advice at every step of the way.
Can you complain about a neighbours fire?
While your neighbour has the same rights as you do when it comes to being allowed to burn waste in their garden, you can report it should it become too intense.
"Yes, you can. Suppose a neighbour’s bonfire causes excessive smoke, fumes, or odours that interfere with your enjoyment of your property or pose a health risk. In that case, it may be considered a statutory nuisance under the Environmental Protection Act 1990," points out David.
He explains that you can report the fire to your local council's environmental health department. It's then up to them to investigate and decide whether or not to issue an abatement notice, which would stop the neighbours or limit their bonfire.
Can neighbours complain about barbecue smoke?
Looking to test out your new outdoor kitchen? While you may know how to BBQ right, you might be wondering if the smoke could land you in a spot of bother.
"If barbecue smoke drifts over to a neighbour's property frequently or in excessive quantities, it can be considered a statutory nuisance and they are well within their rights to make a formal complaint to their local council," explains Tom Hall, category manager for fire safety products at Kingfisher Direct.
He adds, "If the council deem the smoke to be a statutory nuisance, then your household could receive an abatement notice, whereby you must stop the activity. Failure to comply with the abatement notice will result in a fine."
"It’s a good idea to talk to your neighbours before having a barbecue to let them know that there might be some smoke, and check the wind direction before barbecuing to prevent the smoke from drifting into their garden," Tom recommends.
What time are you allowed to have a garden fire in the UK?
You may want to consider what time you start your bonfires to be mindful of not upsetting your neighbours.
"There are no national laws specifying exact times for garden fires. However, fires should be avoided during windy or damp conditions when smoke lingers," recommends David.
"It is best to light fires during the day and extinguish them by dusk to avoid disturbing neighbours. Local councils may have specific bylaws, so it is advisable to check with them for any restrictions in your area," he adds.
To avoid any potential upset, it's also a good idea to let your neighbours know when you're going to be having a bonfire. That way, they have time to take in any clean washing and shut windows.
RRP: £27 | Incinerators like this one are the safest way of burning appropriate garden waste. Their design helps keep the smoke compact and controlled, while the ventilation holes keep the fire burning for longer.
Dealing with a difficult neighbour? From knowing if you can cut overhanging branches to finding cheap ways to block their view, it's always smart to know your rights before entering a dispute. That way, you're covered, and should things escalate, you can rest knowing you followed the right procedures.
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