Bonfires and Smoke

The Law

Currently there are no bye-laws which restrict or ban bonfires.  However, we can investigate complaints about smoke from bonfires.

Under the Environmental Protection Act 1990, we can take action against anyone whose bonfire causes a statutory smoke nuisance to their neighbours.  A statutory nuisance is much more than just being able to smell or see smoke, it has to have an unreasonable effect on a person's enjoyment of their home or garden.

If a bonfire causes a statutory smoke nuisance, we will issue an abatement notice telling the person causing the nuisance to stop, or to prevent it from happening again.  If they do not keep to the conditions in that notice, they could be fined up to £5,000 or £20,000 if it is a business..

Under the Clean Air Act 1993, it is an offence for any business to have a bonfire which causes dark smoke, regardless of whether anybody else is affected.  The fines could be up to £20,000 for each offence.

We will ask anyone who complains about a bonfire nuisance to fill in a set of diary sheets to record when and how the bonfire affects them.

Do's and Don'ts

First of all you should consider whether it is necessary to burn your waste.

You can recycle many items, including garden waste, by using our kerbside recycling scheme, the recycling centres for household waste and the various recycling banks around the district.  To find out more about recycling in Fareham or recycling in general see the links at the bottom of this page.

If you do decide to have a bonfire, follow the simple rules below:

• Do not burn damp grass cuttings, hedge clippings and so on as this creates thick smoke.
• Do not burn any oily rags, rubber, plastics, damp garden waste or other materials which would create heavy smoke or toxic fumes.
• Do not light a bonfire when your neighbours have washing out to dry, or have their windows open.
• Do not  light bonfires within the hour before dusk or leave them burning overnight.  Choose the time of day and weather conditions that will cause the least inconvenience to neighbours.
• Do not leave your fire smouldering for a long time.  Hose it down until it is cold before you leave it.
• Do tell your nearest neighbours before you light a bonfire, so they can be prepared for any minor inconvenience that may arise.
• Do burn material quickly in small amounts so the minimum amount of smoke is created.  An incinerator makes this much easier.
• Do choose your bonfire site carefully.  It should be well away from trees, fences and windows.  Do not have a bonfire on a very windy day as it can easily get out of control.  Have a hosepipe and buckets of water handy just in case.
• When the ashes are cold you can rake them into the soil as a useful fertiliser.  You can include small pieces of charcoal, but pick larger pieces out first.

Fareham Borough Council Waste and Recycling

Waste and Recycling in Hampshire