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Smoke or Bonfire Problems

Smoke or Bonfire Problems

Report Bonfire Problems

To report Bonfire Problems (Non Emergency) then please use our Report It Online Form or alternatively call Customer Services on 01259 450000.

Bonfires/Smoke from Bonfires

Bonfires affect air quality and there are no specific by-laws that prohibit them. However under the Environmental Protection Act 1990 (as amended) it is an offence for people to dispose of their domestic and commercial  waste in a way likely to cause pollution of the environment, harm to human health  or affect the enjoyment of property.

Occasionally we receive complaints about smoke caused by bonfires and often the complaint is made when people have regular bonfires. The following information should help to prevent unnecessary pollution in your area.

Alternative ways to dispose of waste

You should consider all other alternative options for disposal of waste prior to lighting a bonfire. 

• Use the normal collection bins
• Take items to Forthbank Household Waste Recycling Centre
• Use a Community Recycling Point
• Arrange a Bulky Waste Uplift
• Local charities may collect or accept suitable household furniture
• Dispose of garden waste by making a compost heap which can be used as a soil conditioner, and thus takes away the need for bonfires

Commercial premises are reminded and discouraged from disposing of any waste by burning and in many cases burning waste may be illegal. 

What to do if you still wish to have a bonfire

Bonfires must not be lit if they will cause a nuisance to neighbouring premises. Some woody garden wastes such as rose prunings or fruit canes are difficult to compost. If these are to be burnt they must be allowed to dry before burning. At no time must fresh green plant material be placed on a bonfire.  

Any bonfire that is considered to be essential must be carefully started with a small amount of dry material and properly attended so that it can be built up as the heat increases. Under no circumstances should a bonfire be heaped up and left to smoulder.

What can Environmental Health do?

Your complaint will be investigated and an officer will let you know how it will be dealt with. Complaints are unlikely to be resolved overnight and it may take a period of time to investigate.

Under the Environmental Protection Act 1990 an officer has the power to serve Abatement Notices on persons who allow odour, dust or smoke from bonfires and chimneys to cause a statutory nuisance. 

When considering a statutory nuisance an officer will need to establish how often the alleged nuisance occurs and the length of time it occurs. 

If there is evidence that the smoke, odour or dust from a bonfire is a statutory nuisance then an Abatement Notice will be served on the person causing the nuisance.

If the nuisance continues then the alleged offender can be prosecuted and may be fined up to £5,000 upon conviction for a domestic dwelling and up to £20,000 for commercial premises.

More Information

Further information on bonfire safety can be found on the Fire Scotland website.