Free Help & Advice about Bonfires, Bonfire Nuisance and Law
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Bonfires & Neighbours From Hell
When you're living with a nuisance bonfire, the main problem which originates from bonfires is the smoke, the smell and the resulting debris.
Smoky bonfires and smelly, clogging, irritating smoke from bonfires is unwanted, pollutes the environment and can be one of many distressing and annoying problems that come via Neighbours From Hell.
Imagine that you're trying to have a peaceful afternoon sitting in your garden, or you've just hung out a line of clean washing that ends up smelling of smoke.
Perhaps it's been a nice day and your home windows have been open all day, only for your home to be permeated by the stench of smoke from a neighbouring source?
You might be worried if your neighbour's fire is too close to your property giving you a risk of it catching and spreading; the fire may also be close to your hedge or fence, causing a potential fire hazard or source of anti-social behaviour.
Bonfires: Law & Legislation
Unfortunately, there is no specific law that include bonfires making them illegal or anti-social in their own sense, but as further described below, the emissions and smoke coming from fires can cause a 'Statutory Nuisance' under the Environmental Protection Act 1990.
Some local authorities (LA) have adopted Codes of Practice in dealing with bonfires - check to see if yours has one.
Bonfires may constitute a Statutory Nuisance under the Environmental Protection Act 1990 (a statutory nuisance includes "smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance"), if the annoyance:
(a) interferes unreasonably with the quiet enjoyment of your property, and
(b) is frequent (in how often they are lit and for the length of time they are lit)
My neighbour is lighting lots of bonfires, what can I do about it?
You should start writing down on a sheet so that you have a record of when your neighbour has been lighting bonfires, this will include: dates, times and the nuisance it caused. Be explicit and factual, record how it affected you.
You should talk to your neighbour and see if you can reach a compromise situation. If you feel you can't talk to your neighbour, you should write to them (always keep a copy of anything you send to your neighbour).
If your neighbour does not take your views on board, then you should contact your local Environmental Health Department (EH) at your Local Authority to make an official complaint. They will try to resolve the nuisance issue of your neighbours' bonfires. They may come to your own or your neighbours' property to witness the bonfire in person.