The Clean Air Act 1993 makes it an offence to emit smoke from chimneys. Its also prohibits dark smoke from open burning in many circumstances.
The aim of the Act is to stop air pollution and the ill effects it can cause. The legislation can sometimes be difficult to interpret. Below is a simple guide to the parts that are most likely to be relevant to residents and businesses.
Domestic chimneys
It is an offence to emit smoke from a domestic chimney in a smoke control area. The exceptions are:
- Where the fuel being burned is shown to be an authorised fuel (wood is not an authorised fuel);
- or when fuel is burned on a fireplace that has been exempt. This is known as an 'exempted fireplace' or 'exempt appliance'.
If you have an exempted fireplace. you must:
- Only burn the fuels it was designed to burn, as listed on the exemption order.
- Maintain the fireplace in line with the manufacturer's instructions.
To find out which fuels are authorised and which fireplaces are exempt visit: Smoke control areas: the rules (GOV.UK).
To find out which areas of Calderdale are subject to a smoke control order, visit: Environmental map. (You will need to scroll down the legend and select 'Smoke control areas'.)
From time to time the Council undertakes patrols of the Borough to check for smoking chimneys. If you want to report a smoking chimney contact:
- Environmental Health
c/o Town Hall,
Crossley Street,
Halifax.
HX1 1UJ. - Telephone: 01422 288001
- Email: environmental.health@calderdale.gov.uk
Industrial chimneys
Many industrial chimneys serving appliances will require chimney height approval from the Council. This is because a chimney must be high enough to allow the emissions to disperse and become, in effect, harmless. The criteria are set out in Section 14(2) of the Clean Air Act.
- To apply for chimney height approval for wood burning furnaces, please complete our:
- Forms for other furnaces are available from Environmental Health on request.
There is no fee for making an application. Approval will not be given if the Council does not believe the proposed height will be sufficient to prevent pollution.
The Clean Air Act also requires that certain appliances be fitted with grit and dust arrestment. If you are not sure whether this will apply to your appliance you should contact Environmental Health.
An environmental permit may be required to burn certain wastes or use certain types of appliance. Manufacturers and suppliers may not tell you if this is the case. You should check before purchasing a large appliance, to see if it does need a permit. Also, to check if the appliance is capable of meeting the operating requirements that an environmental permit will stipulate.
Open burning
Occasional garden bonfires are not prohibited by law. If you are planning to burn in the open, you should consider how people could be affected by the smoke. You should compost your garden waste or take it to a recycling centre instead of burning it, if possible. See: Household waste recycling centres.
If you have to burn garden waste:
- Make sure the material is dry.
- Feed the fire with small amounts at a time.
- Be prepared to put out the fire with water if smoke is drifting across a road or affecting your neighbours.
Regular burning may lead to complaints to the Council. The Council has powers to take action against anyone burning garden waste, if it is causing a nuisance.
Burning trade and industrial waste in the open may also lead to action by the Council. Also, in some cases, by the Environment Agency. Businesses must dispose of their waste in the proper manner and this rarely involves open burning. Advice aimed at businesses can be found at: Environment Agency waste advice.
To discuss an issue about smoke control, environmental permits or air quality, please email: environmental.health@calderdale.gov.uk.
Open fires and wood burning stoves
The use of open fires and stoves that burn wood has become more popular in recent years. We have seen an increase in the number of queries and complaints from residents in our area about this issue.
We see more emissions of fine particulate matter from biomass burning and a an increase in air pollution.
- Domestic wood and coal burning are now the single largest contributors to our harmful particulate matter (PM) emissions. It makes up almost 40% in 2015.
- This is much greater than industrial combustion (17%) and road transport (13%).
The tiny particles in smoke can cause a range of health impacts. This includes breathing problems, worse asthma and other health conditions.
The Government announced it is to ban the sale of coal and wood with a moisture content greater than 20%. The ban will be phased in from February 2021.
The guides below are to help you to pick the right fuel and burn it efficiently. In a way that minimises harmful emissions, if you:
- Use a wood burning appliance;
- or burning fuel on an open fire.
Open fire and stove guides
Report smoke
If you are affected by smoke from a bonfire or open burning you should consider speaking to the person. There is advice about how to approach neighbours, see: Noise.
If the burning continues to affect you, let us know:
Include details of:
- The address of the house or business where the bonfire is;
- how often it happens;
- and if there is any dark smoke.
To report air pollution that is not from a bonfire use this form:
Give as much information as you can about the source or location of the pollution and how it affects you.