Bonfires

On Bonfire Night the safest way for you and your family to enjoy a bonfire or fireworks is to go to an organised event.  But if you are going to have a bonfire at home – either on Bonfire Night or any other time of the year, do it safely!

Local councils can act if you, or others, burn dangerous materials or regularly have bonfires. If you are going to have a bonfire, warn your neighbours beforehand and follow these guidelines to avoid causing a nuisance to others.

Laws about nuisance caused by bonfires

There aren’t specific laws against having a bonfire, or when you can have one – but there are Acts that deal with the nuisance they can cause.

Burning domestic waste

It is an offence to get rid of domestic waste in a way likely to cause pollution or harm to human health, including burning it. Burning plastic, rubber or painted materials creates poisonous fumes. These can have damaging health effects – particularly for people with existing health problems, like asthmatics and people with heart conditions. This is covered under the Environmental Protection Act 1990.

Danger to traffic caused by smoke

Under the Highways Act 1980, anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers traffic. If this happens, call the police.

Think about how your bonfire may affect your neighbours

There are ways to get rid of your garden waste without having a bonfire

If you are having a bonfire, the smoke and smell created by it can annoy your neighbours. Smoke can stop people enjoying their gardens, opening windows or hanging washing out. If your neighbour has a bonfire and it affects you, speak to them and explain the problem. They may not be aware of the distress they are causing – and may have not thought about other ways to dispose of the waste, like composting.

Complaining to your council about bonfires

If speaking to your neighbour fails, contact your local council’s environmental health department. In most cases, officers from the council will try to deal with the problem informally.

To be considered a nuisance, bonfires need to be a regular occurrence and seriously interfere with your well-being. If the bonfire is only occasional, eg a couple of times a year, it’s unlikely to be considered a nuisance in law.

If the council considers a bonfire to be a nuisance, it can issue an ‘abatement notice’. This notice may mean your neighbour must stop having bonfires completely. If they do not stick to the notice (‘comply’) they face a fine of up to £5000 and a further £500 for each day they don’t comply.

If you do have a bonfire

If you have a bonfire, follow these simple guidelines:

• warn your neighbours beforehand – they are much less likely to complain
• make sure a responsible adult is in control and present at all times
• light the bonfire at a time least likely to affect your neighbours, eg not on a warm day when people will be in their garden
• only burn dry material not damp, which causes more smoke
• avoid lighting a bonfire when air pollution in your area is high – check the weather forecast, or the Air Quality website
• set the fire well away from property, overhanging trees, cables and combustible materials.
• do not burn aerosol cans, tins of paint or bottles – they are likely to explode and cause injury to bystanders
• don’t use petrol, paraffin or white spirit to light bonfires.
• when the bonfire is over, douse the embers with water and check the surrounding area for signs of small fires which may have been started from flying embers.

Storing Petrol

The law states that you can store a maximum of two 10 litre metal containers and two five litre plastic containers which have been made and marked for carrying petrol. Care should be taken when decanting the fuel to minimise spills and do it outdoors and well away from flames, cigarettes and electrical equipment. Store the petrol the plastic containers in a ventilated shed or a garage, well away from people, naked flames and other ignition sources. The ten litre metal containers can be stored in the boot of a car. For further information, please contact your local fire station.

Other ways to dispose of garden waste

There are ways to get rid of your garden waste without having a bonfire. Most garden waste, like grass cuttings and leaves, can be recycled by composting.

Instead of sending green waste to landfill sites, by composting you can help reduce greenhouse gas emissions. Your local council may help you get a compost bin or offer a green waste collection service.