Log burner fine: UK wood burner and stove chimney rules, Defra approved fuels and regulations - are they safe?

• A UK council has issued its first fine under new powers to regulate household log burner emissions
• A surge in complaints has driven measures to curb chimney smoke from solid fuel appliances
• Regulations around wood burners vary by location, fuel type and local authority rules
• It’s important to understand Smoke Control Areas, and the specific rules within them
• Wood burners can also have a significant impact on air quality and health

A council has issued its first fine using new powers to curb the illegal use of household log burners.

Wakefield Council’s action followed a surge in complaints about chimney smoke, driven by the growing popularity of solid fuel appliances.

The measures, adopted in December last year, enable environmental health officers to issue fixed penalty notices to prevent “excessive smoke emissions.”

Jack Hemingway, the council’s cabinet member for the environment and climate change, said: “The owner of a stove has been issued with a financial penalty notice to stop unreasonable and excessive smoke from a chimney serving a stove.”

Figures show Wakefield Council investigated 216 complaints related to domestic chimneys between 2019 and 2022. Under the new powers, part of the Environment Act 2021, fines start at £175, rising to £300 for repeat offenders.

But just what are the rules around using wood burners and similar appliances in the UK? Here is everything you need to know.

What are the rules?

In the UK, the rules and regulations around using a wood burner can be complex and vary depending on several factors, including your location, the type of fuel used and specific local authority rules.

The Clean Air Act 1993 established Smoke Control Areas (SCAs) where only approved appliances and fuels can be used.

In SCAs, only Defra-exempt appliances (approved by the Department for Environment, Food & Rural Affairs) are allowed. These appliances are designed to produce fewer smoke emissions and must be used with authorised fuels.

It is illegal to emit a substantial amount of smoke from a chimney in a Smoke Control Area, unless using an exempt appliance with approved fuel.

Local authorities have the power to designate SCAs and enforce specific rules within their jurisdiction. The Environment Act 2021 gave local authorities more power to issue fines for excessive smoke emissions from wood burners and other solid fuel appliances.

What fuels are allowed?

Certain fuels are banned in SCAs, including:

• Bituminous coal (house coal)
• Unseasoned wood (wood that hasn’t been properly dried)
• Certain manufactured solid fuels that are not approved by Defra

If you wish to use a wood burner or solid fuel appliance, ensure your wood burner is Defra-exempt and use only authorised fuels.

If you plan to use wood, use dry, well-seasoned wood with a moisture content of less than 20%, and maintain your appliance and chimney regularly to ensure efficient burning and minimal smoke.

Do I live in an SCA?

SCAs are more common in urban areas, which generally have stricter regulations due to higher population density and air quality concerns.

Rural areas typically have more relaxed regulations, but they may still have SCAs, especially near protected natural areas or where air quality issues have been identified.

London has extensive SCAs and stringent regulations to combat air pollution, while other major cities like Birmingham, Manchester and Glasgow also have numerous SCAs and enforce strict compliance.

Always verify with your local council whether your area is a Smoke Control Area and what specific rules apply.

What are the penalties?

As mentioned, local authorities like councils have the authority to designate Smoke Control Areas and enforce specific regulations within their jurisdictions, and the Environment Act 2021 further empowered authorities to impose fines for excessive smoke emissions.

Depending on your local authority, fines may be issued for violations, and may increase for repeat offenders. Persistent non-compliance could also lead to prosecution and potentially more severe penalties.

Check with your local council to determine if your area is a Smoke Control Area and to understand the specific rules that apply.

I don’t live in an SCA, can I do what I please?

If you are not in a Smoke Control Area, the rules are generally less stringent, but there are still regulations and best practices to follow.

Even outside SCAs, the Clean Air Act 1993 prohibits emitting dark smoke from chimneys. The Environmental Protection Act 1990 also addresses statutory nuisances, including smoke that causes a nuisance to neighbours.

If your wood burning creates excessive smoke and causes a nuisance, you can be subject to enforcement action.

Outside SCAs, it is still advisable to use Defra-approved appliances and fuels to minimise emissions and comply with broader air quality regulations.

Some local authorities may also have additional guidelines or incentives for reducing air pollution from domestic heating, even outside SCAs.

How bad are wood burners?

Wood burners and solid fuel appliances significantly contribute to air pollution, primarily through the emission of particulate matter (PM).

PMs are small particles made up of a variety of materials, some of which can be toxic, and some of which can enter the bloodstream and be transported around the body with serious impact on health.

Wood burning is a major source of fine particulate matter, and domestic wood burning accounts for a significant proportion of emissions, sometimes even more than road traffic in certain areas.

In February 2024, data released by Defra showed that emissions of particulate matter from burning wood in homes had increased by 56% in the decade to 2022.

Whether you have insights on navigating wood burner regulations, tips for reducing emissions or concerns about air quality impacts, share your experiences and questions in the comments section.