Is it illegal to burn garden waste?

25 June 2024 , 13:15
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Plus find out how much you could be fined for burning the wrong things
Plus find out how much you could be fined for burning the wrong things

GARDENERS wanting the quickest and easiest way to remove their green waste might consider burning it.

Is it legal to have a fire, and can you get fined? Here we get to the bottom of this hot topic.

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There are rules to follow if you're considering disposing of waste in a garden fireCredit: GETTY

Is it illegal to burn garden waste?

While the act of lighting a garden bonfire is not illegal, there are laws and restrictions in place to ensure it's safe.

You can burn garden waste but the law states that it should not cause a statutory nuisance to other people.

Your fire should be small and self-contained, and should not be left unattended.

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It is best practice to have water on standby in case anything goes awry.

Remember that bonfires create smoke - especially when burning green leaves - so should be done in moderation.

If burning waste wood, make sure it has not been painted or treated with chemical wood preservatives.

In the UK burning domestic waste is strictly prohibited under the Environmental Protection Act 1990 as it will cause pollution or harm people's health, which is an offence under the Clean Air Act 1993.

What happens if you burn garden waste?

Crucially, you have to ensure that it's a small contained fire carried out safely, and responsibly.

You could be fined if your fire emits smoke that drifts across the road and presents a danger to traffic, such as reduced visibility.

Your council can issue an "abatement notice" if a neighbour’s bonfire is causing a nuisance - although it would have to happen frequently to be considered a nuisance.

You or your neighbour can then be fined up to £5,000 if they don’t follow the rules of the notice.

Smoke emissions need to be controlled and you therefore can't burn anything that could cause pollution or harm to public health - that includes plastic, rubber, old engine oil, and anything else that produces poisonous fumes.

You should only ever burn dry materials, and tell your neighbours in advance.

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How should you dispose of garden waste correctly?

It is advised that people dispose of household and garden waste by composting or recycling it.

Every local council is different on how they do this.

Some councils provide a home collection service for garden waste.

There could be a small fee for this collection and it may stop over the winter months when demand is lower.

Recycling centres in your area will also accept your garden waste.

Make sure to check your local council's facilities on the government website.

Be sure that the fire is small and controlled without any plastics that could increase smoke emissions and your chances of a fine
Be sure that the fire is small and controlled without any plastics that could increase smoke emissions and your chances of a fine

Michelle Harris

Homes, Gardening, Explainers, EVG, Climate change and environment

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