Smoke control areas

Clean Air Act 1993

The whole of Newcastle upon Tyne district is a smoke control area. This means that:

there’s a limit on how much smoke you can release from a chimney
you can only burn authorised fuel, unless you use an ‘exempt appliance’

You may have to pay a penalty of £300 if we find that your chimney releases too much smoke (section 19A of the Clean Air Act 1993).

You can be fined up to £1,000 by a magistrates' court if you burn unauthorised fuel without an exempt appliance (section 19B of the Clean Air Act 1993).

Smoke control areas deal with smoke from buildings and not from burning in the open. See our pages on bonfires and smoke for further information on this.

Background

Burning solid fuels can pollute the air and many cities used to suffer heavy smogs. In response to these problems Parliament passed the Clean Air Act 1956, which regulated the use of household solid fuels and introduced smoke control areas. The 1956 was revised by the Clean Air Act 1968. The Acts markedly improved urban air quality in the UK.

Open fires are the least efficient mode of solid fuel combustion. Much of the heat from the fire is lost up the chimney and this method also be the most polluting as lower temperatures are involved. If you live in a smoke control area you are restricted in the fuels you are allowed to burn. You may not burn high sulphur coals or any form of wood in open fireplace.

Stoves and boilers burn solid fuels far more efficiently than open fires. Stoves can provide heat for a single room, while boilers can heat several radiators and an entire home. If you live in a smoke control area the following rules apply.

Never use your home fireplace, boiler or stove to burn waste. This is dangerous and against the law.

What you can burn in smoke control areas

If you have an open fire or non-exempt appliance in your home or other building, you are only allowed to use fuel on the list of authorised fuels published by the UK Governments, or one of the following 'smokeless' fuels:

anthracite
semi-anthracite
gas
low volatile steam coal

Note that wood is not an approved fuel in any form (logs, chips and pellets).

You can use oil or other liquid fuels in specially designed or adapted fireplaces.

Exempt appliances that can burn unauthorised fuels

Unauthorised solid fuels, such as wood, can only be burned in a smoke control area in an appliance that the manufacturer has had tested and approved by the Government (in England by the Department of Environment, Food and Rural Affairs' (DEFRA)). The UK Governments publish a list of these exempt appliances.

You must only use the types of fuel that the manufacturer says can be used in their appliance.

Further guidance about the rules in a smoke control area is available from DEFRA. Also see the guidance on open fires and wood burning stoves.

The installation of an appliance must by law be done in compliance with the Building Regulations. This can only be achieved by either having the appliance installed by a certified solid fuel appliance engineer who must then register the installation with the City Council's Building Control service or by making formal application to the City Council's Building Control service stating a certified engineer is not to be used.

The appliance, flues and chimney must also be properly maintained.

It is a criminal offence to sell a 'controlled solid fuel' and not take steps to inform the purchaser it would be an offence to burn it in a smoke control area, other than in an 'exempt appliance'. This offence carries an unlimited fine in the magistrates' court. A 'controlled solid fuel' is any fuel other than an authorised fuel.

Outdoor ovens, burners and barbecues

You can use outdoor barbecues, chimineas, fireplaces and pizza ovens in smoke control areas.

However, appliances which release smoke through a chimney of a building, such as a summerhouse, can only burn authorised fuel or be listed as exempt by DEFRA.

Outdoor barbecues, chimneas, fireplaces and pizza ovens could still be considered a statutory nuisance if smoke from them impacts on the health or quality of life of neighbours.

Good practice

Consider burning less. Think about why you are lighting your fire as well as how much fuel you use. Is it necessary?
Buy ‘Ready to Burn’ fuel. If you want to burn immediately look for the logo as a guarantee of good quality dry wood.
Season freshly chopped wood before burning. Wet or unseasoned wood, often sold in nets, is cheaper to buy, but it needs to be seasoned (dried) before burning. Wet wood contains moisture which creates smoke and harmful particulates when burned. This can damage your stove and chimney. It also means you’re losing out on heat for your home.
DO NOT burn treated waste wood (e.g. old furniture, pallets or fence panels) or household rubbish. Treated waste wood, furniture and household waste can emit harmful fumes and toxic pollutants, such are carbon monoxide, arsenic, hydrogen chloride and cyanide, into your home when burnt.
Regularly maintain and service your stove. This means it will work better and will generate more heat from what you burn. Always operate your stove in line with the manufacturer’s guidance and only burn permitted fuels.
Get your chimney swept regularly (up to twice a year). During use soot and tar build up in the chimney reducing the efficiency and increasing the risk of chimney fires. It is better to use a qualified chimney sweep who will be able to advise you on good burning practices for your open fire or stove.
Remember it is illegal to use a non-exempt appliance in a smoke control area.
If you are not in a smoke control area you can burn any fuel as long as you do not create excessive smoke or fumes that are a nuisance to neighbours.

Updating our smoke control orders

We are currently consolidating the smoke control orders made by Gosforth Urban District Council, Newburn Urban District Council, Castle Rural District Council, the Corporation of Newcastle upon Tyne and Newcastle City Council. Improving air quality in Newcastle | Newcastle City Council

Here you can view the Order that revokes the existing smoke control orders. This is subject to approval by the Secretary of State. If approved, then a replacement Order will come into effect in Autumn of 2024.