Smoke Control Areas

Smoke Control Areas

Under the Clean Air Act, local authorities may declare the whole or parts of the authority to be a smoke control area.

The consequence of this means that it is an offence to emit smoke from a chimney of a building, from a furnace or from any fixed boiler if located in a smoke control area.

Under the Clean Air Act 1993, the Secretary of State (SoS) has powers to authorise smokeless fuels or exempt appliances for use in smoke control areas in England.

The majority of Broxtowe has been designated as a smoke control area.  It is therefore an offence to emit smoke from a chimney of a building unless you are using an "authorised fuel" or using an "exempt appliance" in conjunction with the appropriate fuel.  The current maximum level of fine is £1,000 for each offence.  To comply with the requirements of the Clean Air Act you must use an exempt appliance with the specified fuel it is approved for or an authorised fuel.  You must also ensure you follow the manufacturer's instructions regarding the fuelling, installation, maintenance and cleaning of the appliance.  Fuels must be dry - wood in particular must be below a certain moisture percentage.  Installation of new appliances should be in accordance with Building Control Approval Requirements (or by a HEATAS approved installer).  The flue height required by Building Regulations is a minimum only and it is sometimes necessary for the flue to the appliance to be extended beyond in accordance with the manufacturers installation requirements to ensure the adequate dispersal of smoke and fumes and minimise any impact on neighbours.

The use of solid fuel appliances within the Borough generates many complaints regarding smoke and fumes in neighbouring properties and if this occurs from use of your appliance, additional works may be required in order to minimise effects on neighbours.  Often such problems can be eliminated by ensuring re-fuelling is undertaken whilst the appliance is still hot and not when the burning has nearly died out and by ensuring the fuel is dry.

For further information on Smoke Control Areas, Authorised Fuels and Exempt Appliances, please click the useful links on this page.

Should you require any further information or advice, or wish to discuss the requirements of Smoke Control Areas, please do not hesitate to contact the Environmental Health Division using the details on this page.

Broxtowe Borough Council
tel: 0115 917 7777