Bonfires

Report a bonfire

Can I have a bonfire?

Although there are no byelaws that forbid residents from having bonfires, they can be a danger to people, property and wildlife. Fumes from bonfires are harmful to health and can be distressing for nearby residents. They are also harmful to the environment, causing air pollution and impacting climate change.  Repeated bonfires can cause statutory nuisance or be determined as anti-social behaviour, and it's illegal to burn commercial waste including builders' waste on a bonfire.

For these reasons, we strongly advise against having bonfires.

Bonfires cause smoke and other pollutants, and the levels and intensity of these Is dependent on what is being burned and whether it is damp, the size of the bonfire, and the local weather conditions. 

Things that should not be burnt on a bonfire include: -

• household rubbish
• plastics
• rubber tyres
• damp material, eg plant matter and wet cardboard

The Council offer waste disposal for domestic garden plant waste at the Shepperton Community Recycling Centre, Charlton Lane, Shepperton, TW17 8QA. Residents can subscribe to the garden waste collection service for disposal of garden plant waste. It is better for the health and wellbeing of the community and for local air quality, to use these facilities rather than burning waste on a bonfire. Alternatively, composting is a good way to dispose of garden waste and provides you with free soil conditioner. The Surrey Environment Partnership offer subsidised composters.

The Council also offer a bulky waste collection service.  If you have items that are rubbish and are not suitable for reuse or recycling, contact our Neighbourhood Services team or a licensed waste carrier for a quote or take them to the Community Recycling Centre (tip).

If you do have a bonfire, it is advisable to consider the time of day that it might impact neighbours the least, and contact all the neighbours surrounding your property to warn them, as they may wish to close windows or take washing in. Since it is difficult to tell how far the smoke, ash, and smell will travel, it is best to let as many people know as possible. However, warning your neighbours does not prevent action against statutory nuisance or anti-social behaviour.

The law

The Council can take action against anyone responsible for bonfires that are causing or likely to cause statutory nuisance, such as if a bonfire is resulting in lots of smoke and is having a significant impact on neighbours, or if bonfires are lit on a regular basis and are deemed to be anti-social behaviour. The Council can use its legal powers in these cases to stop bonfires and may even prosecute offenders, which could result in large fines.

Bonfires can also be a danger to traffic, and it is an offence to allow smoke from a bonfire to drift across a highway, which can result in a fine.  Smoke affecting visibility for road users should be reported to Surrey Police by calling 101.

Builders and businesses

Businesses including builders have a duty of care to ensure that any waste arising from their business is properly disposed of, and without causing harm to the environment. Since burning is not considered as 'proper disposal' and can harm the environment, the burning of commercial waste, including builders' waste on a bonfire is not allowed.

It is also an offence to cause dark smoke from any trade or industrial premises or process, or to burn any material that is likely to result in dark smoke, and such incidents should be reported to Environmental Health.

If there is a bonfire incident on a commercial property in Spelthorne, then this should be reported to the Environment Agency by using the free phone number 0800 807060. The Environment Agency may ask you to also contact Environmental Health.

Reporting a bonfire nuisance

If you are bothered by smoke, start by approaching your neighbour and explain the problem. You might feel awkward, but they may not be aware of the distress they are causing and it will hopefully make them more considerate in the future.

Please bear in mind that if the fire is only occasional it is unlikely to be considered a nuisance in law.

If it is more regular or is having a significant impact,  you can contact Environmental Health. You will be asked to fill in log sheets to record instances of when smoke is unreasonably affecting you. You will need to be sure of the location of the bonfire for each instance.

Smoke control zone

What is a smoke control zone?

A smoke control area or zone is a legally defined area in which it is an offence to allow smoke to be emitted from a chimney, regardless of the colour of the smoke. However, if an authorised fuel is being burnt it is accepted that occasionally small amounts of light smoke may be produced. Also, there are some exempted appliances (such as wood burning stoves).

Lists of authorised fuels and exempted fireplaces can be found on the DEFRA website. For a current list of approved solid fuel products and services you can contact the Heating Equipment and Approval Scheme (HETAS) by telephone on 0845 634 5626 or via their website.

Is my house in a smoke control zone?

Most of Spelthorne is in a smoke control zone. You can find out if your house is covered by a smoke control order by going to My Spelthorne. Once you type in your address, information available on the 'My House' tab includes whether your property is in a smoke control zone or not.

Reporting smoke from a chimney

To report smoke from a chimney in a smoke control area, please contact Environmental Health's Pollution Control team. If the address is in a smoke control zone then we will write to the occupants highlighting the law. If the address is not in a smoke control zone we will require you to fill out log sheets and the complaint will be treated in the same way as a bonfire complaint.