Bonfires

On this page
About bonfires
Garden bonfires and disposal advice
Bonfires and the law
How to make a bonfire complaint

About bonfires

It is illegal to burn most types of waste, even on your own property. However, you are allowed to burn dry garden waste, like plant material, as long as it doesn’t cause a nuisance.

Smoke can travel a long way and may affect people’s health, especially those with breathing problems. The law states that smoke, smells and fumes can be treated as a statutory nuisance or harmful to health. The council can take action if frequent bonfires are causing harm, particularly if plastics or other toxic materials are burned.

If garden bonfires are happening regularly and you would like the council to investigate, read our advice on how to make a bonfire complaint.

Advice for garden bonfires

It is not a good idea to have a bonfire in your garden. It’s much better to dispose of your garden waste in an environmentally friendly way.

Disposing of domestic garden waste

• You can take your domestic garden and wood waste to be recycled for free at the Re3 civic amenity site – you must book a time slot before attending
• You can order a green bin or bag online from the council so your green waste can be collected from your doorstep and recycled. You can also order garden waste bags by phone: 0118 937 3787.
• Many types of garden waste can be composted, and the compost will produce a useful soil conditioner

If you decide that you are unable to dispose of your green waste in an environmentally friendly way, please follow our garden bonfire guidelines.

Disposing of your green waste using one of the methods listed above helps to avoid:

• irritating your neighbours smoke stops them enjoying their gardens, opening windows or hanging out washing
• releasing toxic chemicals into the air
• damaging your garden and causing a fire hazard – the fire might spread to fences or buildings and scorch trees and plants
• endangering wildlife that may be using the waste pile as shelter

Plant material waste generated by contractors (e.g. builders or landscape gardeners) on domestic properties must not be burnt without an exemption from the Environment Agency. No other waste should be burnt.

Other domestic and commercial waste

If your other domestic waste won’t fit into your bin you can book a bulky waste collection.

If you have commercial waste you can:

• arrange for a licensed waste carrier to take it for you, where they are obliged to give you receipts for the waste they have taken on your behalf
• take your own waste to a licensed trade waste disposal site (e.g. Re3 civic amenity site) where you can pay for the disposal yourself and obtain a receipt

Garden bonfire guidelines

If you decide that you are unable to dispose of your green waste in an environmentally friendly way, please follow these guidelines to reduce the nuisance impacts:

• inform your neighbours in advance to let them know how long the fire might last for and to invite them to speak to you if the smoke is bothering them
• only light a bonfire at a time when it is least likely to cause nuisance. Avoid times when neighbours have washing out, are sitting in their gardens or have windows open in hot weather
• do not light a bonfire if conditions are unfavourable – for example, if smoke is likely to blow onto your neighbours’ home or garden
• site the bonfire as far away as possible from other people’s houses or buildings
• burn dry plant material only
• never burn household rubbish, treated wood, or anything containing plastic, foam or paint as this is an offence under the Environmental Protection Act 1990 S33(1)(c) & S34
• avoid burning when air pollution in your area is forecast as ‘high’ or ‘very high’

Bonfires and the law

There isn’t a singular law that prohibits bonfires, but one or more of the following regulations is likely to apply:

Statutory nuisance – smoke

Environmental Protection Act 1990 Part III s79

A statutory nuisance is something which is so unpleasant and long-lasting that it seriously disrupts how someone can enjoy their property.

Smoke nuisance can have a negative impact on the quality of the local environment. Smoke from bonfires may be a statutory nuisance, particularly in a densely populated town like Reading. Whether smoke is a nuisance depends on:

• frequency, duration and time of day
• what is being burned (e.g. plastics, paints, treated wood, mattresses, sofas)
• colour of smoke (black, grey, white, clear)
• description of odour (acrid etc.)
• effect of smoke (eyes water, hard to breathe, can’t dry clothes, can’t use garden, need to keep windows closed, ash and dust residues etc.)

The above characteristics have been established through past court cases. If a statutory nuisance complaint goes to to court, you’ll need to show evidence of any noted.

If you are affected by smoke nuisance, read our advice on how to make a bonfire complaint. If a nuisance is proven then the council can serve an abatement notice to prevent it from occurring. Ignoring an abatement notice is a criminal offence.

Anti-social behaviour

Anti-social Behaviour, Crime and Policing Act 2014

Having bonfires may be classed as anti-social behaviour if they have a detrimental and persistent effect on the quality of life of people in the area.

Prohibition on harmful disposal of waste

Environmental Protection Act 1990 Part II s33

It is an offence to dispose of waste in a manner likely to cause pollution, or harm to human health. This includes burning of domestic waste, although it may be more difficult to prove this if only garden waste is being burnt.

Commercial waste

Environmental Protection Act 1990 Part II s33 and Environmental Permitting Regulations 2010

It is illegal to burn commercial waste without an environmental permit or exemption – this includes waste generated by contractors (such as builders or gardeners) on domestic premises.

Planning law

If someone is carrying out development works, such as construction and demolition, then there may be a planning condition prohibiting the burning of waste on site.

Reducing air pollution from outdoor burning (PDF)

How to make a bonfire complaint

Be sure to consider the following actions before making a complaint:

• If you believe the bonfire is causing immediate danger you should call the fire service.
• If you think the burning waste is commercial, you may wish to contact the Environment Agency. It is an offence to burn as a trade or business unless registered to do so at the place of production (applies to landscape gardeners, tree surgeons etc.).
• Problems can often be solved by talking to the person having the bonfires. The best time to do this is when you are ‘not’ angry. Disagreements between neighbours, however small, can fester over time and do lasting damage to your health. That’s why we would always encourage you to raise your concerns with one another to find amicable solutions. Confrontation is never easy, we do understand, but if we investigate your complaint we cannot keep you anonymous, both you and your neighbour may have to attend court.

Making a complaint

If garden bonfires are happening regularly and you would like the council to investigate, you will need to complete a diary sheet for at least 2 weeks.

The diary sheet is a document used to collect information such as:

• your contact details and address
• address of the person/property producing smoke
• the type of smell/smoke
• the date, time and duration of the smoke
• description of the smoke and its effects on you and your property

Download diary sheet template (PDF)

The diary sheet is important because it:

• helps to show whether the smoke is likely to be a statutory nuisance
• helps us to decide how best to investigate
• forms a written record of the smoke as it occurs, which is important evidence of a continuous nuisance

You may be required to support your diary sheet in court if legal action is taken.

Once complete, send your diary sheet to environmental.protection@reading.gov.uk where it will be assessed. If there is enough evidence of a statutory nuisance, the council with will write to the person you have identified in the first instance. If a nuisance is proven then the council can serve an abatement notice to prevent it from occurring. Ignoring an abatement notice is a criminal offence.

Please note that if you do not send us the completed diary sheets, no further action can be taken and your complaint will be closed. Similarly, if you have not taken the time to correctly identify the address where bonfires are taking place, we are unable to assist further. If you would like to discuss the matter in more detail, please contact environmental.protection@reading.gov.uk.