Problems With Neighbour’s Wood Burner (Here is what to do)

Wood burners have become extremely popular, not only as they can be a cheaper heat source but from an interior design point of view, they are a nice focal point. You only need to look through Instagram or a home magazine to see that wood burners are a common feature in many homes.

Many people love nothing more than sitting in front of their fire on a cold winters day with a good cup of tea. However, if wood burners are not maintained or used excessively, then you might start to get complaints from your neighbours.

It is estimated that over 1.5 million homes have wood burners installed but not everyone agrees with them due to the potential risk to the environment. Wood burners can create tension between neighbours, mostly due to the smell drifting to the neighbours property.

This article looks at what to do if you have problems with your neighbours wood burner, the law and how to make a complaint (if appropriate).

“I can smell my neighbours wood burner in my house”

“I can smell my neighbours wood burner in my house” is the most common complaint when it comes to neighbour disputes and wood burners. It is not pleasant if your neighbours wood burner is creating a large amount of smoke that you can smell from your property.

Maybe you are trying to hang out washing that then smells of smoke or you don’t want to open your windows. Some neighbours complain that wood burners create dust that can settle on their cars.

While a lot of people do have wood burners, you are not alone if you feel that they are a nuisance. There has been an increase in complaints to local councils about the smell of neighbours wood burners.

Lets look at the law around wood burners and how to make a complaint about your neighbours wood burner (if justified).

Smoke Control areas in the UK and the Law

In the UK there are ‘smoke controlled areas’ that are defined by local authorities and stipulate certain areas in their region that have additional regulations when it comes to fires and fuel.

Smoke controlled areas in the UK were brought in to minimise air pollution that can be detrimental to the environment and health. The smoke controlled areas were brought in under the Clear Air Act of 1993.

What are the rules for smoke-controlled areas?

In a smoke-controlled area you can’t:

• emit a substantial amount of smoke from a chimney
• buy or sell unauthorised fuel for use in a smoke control area unless it’s used in an ‘exempt’ appliance (appliances which are approved to use in smoke control areas)

You can find out if you live in a smoke controlled area by looking at the map prepared by Department for Environment, Food and Rural Affairs (DEFRA) that you can access here. However, you should also contact your local council to ensure the current position.

If you live in a smoke controlled area, you are still allowed to install a wood burner, but the difference is that it has to be a burner that is approved by DEFERA as having low emissions. You can also only burn certain types of fuel.

Further law revolving around wood burners?

In addition to the Clean Air Act 1993, under the Environmental Protection Act 1990, your local council is obliged to investigate complaints, such as smoke nuisance from a wood burner. You have to satisfy the council that the smoke amounts to a statutory nuisance for them to enforce any penalties.

Are wood burners and smoke a ‘nuisance’?

Smoke or fumes from a chimney, whether from a wood-burner or an open fire, can be considered a nuisance. A nuisance is something that hinders your enjoyment of your property and land. If your neighbour’s wood-burner produces an excessive amount of smoke, it could be considered a nuisance. However, it is unlikely that a normal amount of smoke for a few hours a night would be considered a nuisance.

Wood burner flue distance from neighbouring property

If your neighbour has installed a wood burner and your property is within 2.3m of your neighbours chimney system, then your neighbours flue has to rise above your building by 0.6m. The flue also has to be 2m from your doors or windows.

How to complain about a neighbours wood burner?

You have the right to enjoy your garden and property, but large waves of smelly smoke from your neighbour’s wood burner can ruin that enjoyment and be quite intrusive. The worst part is that you have no control over the unwanted smoke.

Many people are also worried that the neighbours wood burner is emitting toxic fumes, that they don’t want to breathe in. This worry can be heightened if a neighbour has respiratory health conditions, such as asthma.

If you strongly believe that your neighbour’s wood burner is causing a nuisance and affecting your health, you can make a complaint with your local council. However, to have your complaint upheld, you must demonstrate that there is a significant impact on your use and enjoyment of your property. If the odour is not overpowering or only occurs occasionally, it will be difficult to meet this criteria.

Before making a formal complaint to the council, it is advisable to talk to your neighbour first as you may be able to reach a compromise. For instance, if the problem occurs when you hang out your washing, give your neighbour some advance notice and ask if they can refrain from using the wood burner during that time.

If talking to your neighbour hasn’t improved the situation then the next step would be to send a letter to your neighbour outlining the issues. I have drafted an example letter to send to your neighbour that you read here. Make sure to amend the letter to your individual circumstances.

If you are unable to resolve the issue with your neighbour, then your next step would be to lodge a complaint with your council.

I have a detailed article on how to complain about a neighbours to the council that you can read here.

What can the council do about my neighbours wood burner?

When you submit your complaint to the council about your neighbours wood burner, you can submit the evidence you have gathered, showing the impact the wood burner is having on you. You can submit your complaint by email, letter or by phone.

See below as to what evidence you should gather.

Any complaint will be confidential but most of the time, it will be obvious who has made the complaint. This could put a strain on neighbour relationships but if the wood burner is really impacting on your life, then you may feel you have no choice.

You will receive a letter from the council confirming they have received your application. The council will also write to your neighbour to inform them that a complaint has been made. The council will ask you to continue to keep a log of the events, to see if the issue improves after them sending the initial letter.

If the letter doesn’t improve matters, then the council will visit your home to witness the issue first hand. The council will need to consider when the ‘nuisance’ is taking place and if it is unreasonable. They will need to establish if the smoke amounts to a ‘statutory nuisance’.

If the council confirms that the smoke from your neighbours wood burner is severe, then they may take legal action against your neighbour. The council can serve an abatement notice on your neighbour under Section 80 of the Environmental Protection Act 1990. The abatement notice in this circumstance will limit when the wood burner can be used and in severe cases, can order them not to use it at all.

You may have to provide a written witness statement, so this is why you need to ensure to gather as much evidence as possible and you may need to attend court.

If your neighbour doesn’t comply with the abatement notice then they could face prosecution for non-compliance. This is a criminal offence.

You could also consider taking the matter as a private action to the magistrates court. If you are considering doing this without legal representation I would highly recommend you seek advice from Citizens Advice Bureau.

Evidence for making a complaint about neighbours wood burner

When you lodge a complaint with your council about your neighbours wood burner, they will most likely ask you for evidence and a log of the issue. I have a full article on collecting evidence for a neighbour dispute that you can read here, that should be helpful.

For a complaint about a neighbours wood burner, I would recommend that you keep a log of the following:

1. The issue, i.e that you can smell your neighbours wood burner.
2. The date.
3. The time (the time it started and how long it went on for).
4. The severity, it may be a good idea to rate the severity of the smell from 0-10.
5. Who the perpetrator was (if the smell is coming from more than one wood burner).
6. Are any other neighbours having the same issues? As they could act as a witness and keep their own log of events.
7. How the event is making you feel and the impact on your health and enjoyment of your property. For example is the smell too severe that you can’t sit out in your garden.
8. Add any other details that are relevant, as memories fade and multiple incidents can merge into one.
9. If there is a large smoke cloud from the chimney, you could take a photo or video evidence of the smoke drifting into.

I would recommend filling out the log straight after the incident (or as soon as you can) so you don’t forget any of the details.

If the issues impact the wider community, then you should ask your neighbours to also keep a log, as this could back up your evidence.

How to reduce your chances of receiving a neighbour complaint about your wood burner

Conclusion

In conclusion, problems with neighbours’ wood burners can be resolved through understanding, communication and compromise. By following the tips and advice discussed in this article, you can effectively address any issues and try and maintain a harmonious relationship with your neighbours. Remember, it’s important to respect each other’s rights and find a solution that benefits everyone.