We have powers to deal with smoke nuisance from any bonfire and to prosecute for dark smoke offences on commercial and industrial premises.
Bonfires at home
There are no laws that prohibit having a bonfire on a domestic property; however, a bonfire can be a statutory nuisance. The law does not specify when burning may or may not take place.
Smoke prevents neighbours from enjoying their gardens, opening windows, or hanging washing out. If the smoke from your bonfire causes a nuisance to someone, they can make a complaint to us.
Smoke can also reduce visibility in the neighbourhood and on roads. Anyone lighting a fire and allowing smoke to drift across a road faces a fine from the police if it endangers traffic.
It's illegal to burn waste that's not from your property, for example, from your workplace or from a neighbour.
Alternatives to burning waste
Before having a bonfire, consider alternative methods of waste disposal. Every year we receive numerous complaints about bonfires and smoke, which are a significant source of air pollution and can contain poisonous substances that can be harmful to human health.
Garden wast collections and composting
We can collect your garden waste or you can use it to create compost to condition your soil. Find out how to recycle your garden waste into compost on the RHS website.
Recycling
Many items of household waste can be reused or taken to your local recycling centre.
Find out more about what you can recycle and where you can recycle it
When a bonfire becomes a statutory nuisance
To check if a bonfire is a statutory nuisance we consider:
- how much smoke there is and if it affects nearby properties
- the material being burnt as this affects the production of smoke and how noxious the fumes are
- how often the bonfires happen
Find out more about how we determine if something is a statutory nuisance
Report a bonfire or smoke
Before reporting the issue, if you feel comfortable talk or write to the person responsible for the smoke first. They may be unaware of the problem and might take action to prevent the nuisance.
If a fire is in progress and there's an immediate danger to life or property, call Cumbria Fire and Rescue Service on 999 to report the incident.
If you experience recurring issues with smoke you can report it to us using the contact details at the bottom of this page.
Community bonfires
The Department for Communities and Local Government has issued a short guide for organisers covering planning, safety and clearing up after the event.
Read celebrating with bonfires and fireworks on GOV.UK
Dark smoke from commercial or industrial premises
If a bonfire held on commercial or industrial premises gives rise to dark smoke, an offence is committed and you can report it to us using the contact details at the bottom of this page. We can commence legal action and take to court the occupier of the land and the person who permitted the smoke.
An Environmental Protection Office will confirm that the smoke met the legal definition of dark smoke by observing the smoke and burnt material. Dark smoke offences do not apply to domestic premises, except where you burn trade or industrial waste on domestic premises.