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Is It Illegal to Burn Garden Waste in the UK?

By Brent·

Short answer

Burning dry garden waste is not automatically illegal in the UK, but burning household rubbish that causes pollution or harm to health is a criminal offence. Smoky bonfires that repeatedly affect neighbours can be a statutory nuisance, and councils can act against them. Councils point people towards composting, garden waste collections or recycling centres instead.

Illustration for Is It Illegal to Burn Garden Waste in the UK?

Burning dry garden waste is not automatically illegal in the UK, but the rules on what you burn and how you burn it still apply. Newcastle City Council also limits a home bonfire to dry garden waste from your own property .

What you must never burn

Bristol City Council's guidance keeps tyres, cables, plastics, rubber, painted items and household rubbish off the fire. You can't get rid of household waste in a way that will cause pollution or harm to people's health. This includes burning it. Burning household waste therefore falls outside the garden bonfire question altogether.

Business waste and permits

The Environment Agency treats burning waste to avoid disposal charges as waste crime. Newcastle City Council says a bonfire used to dispose of commercial or construction waste is illegal. All disposal of construction or demolition waste by burning requires a permit from the Environment Agency, and one cannot be issued for a dwelling or for open burning. If you run a gardening or building business, the rules are stricter than those for a homeowner.

When a bonfire becomes a nuisance

A bonfire can cause trouble even when the material is legal to burn. A bonfire may be classed as a statutory nuisance if it is a regular or ongoing problem that interferes substantially with neighbours' well-being, comfort or enjoyment of their property. Once smoke is found to be causing a statutory nuisance, the council must issue an abatement notice. Smoke is also a road safety matter. You could be fined if you light a fire and allow the smoke to drift across a road, causing a danger to traffic.

Alternatives and a checklist before you burn

Councils offer other routes for garden material. Garden waste can be disposed of using a garden waste collection, bulky waste collection or a household waste and recycling centre. The Environment Agency also says chipping and using green waste for mulching is preferable to burning, unless the green waste is infectious, invasive or difficult to remove. If the job is too large for your bin, a garden clearance and skip hire category on GetBrent can help you find a firm to take it away.

Before you light anything, work through this checklist:

GetBrent helps you find skip hire, rubbish removal and garden clearance firms near you, and you can compare them and contact them direct. If you are in the capital, garden clearance and rubbish removal firms in London are listed by area. Check current prices and acceptance rules with each company before you book.

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