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Question Title: Bonfires
| Question: 433 |
| One of the neighbours of a property that I manage has been in to see me to complain about my tenants burning leaves in their garden. She told me that it is illegal to have a bonfire as the property is in a 'smokeless zone'. Can you tell me what the legal position is as the tenants have an obligation in their tenancy agreement to keep the garden in a tenant-like manner.
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| Answer: |
| There is no law saying that bonfires are illegal. However, smoke from a bonfire, or any other process of burning, can be considered a statutory nuisance and, as such, can be dealt with under the Environmental Protection Act 1990. Your local Authority is obliged to deal with statutory nuisances, and this Act states that the Local Authority shall serve notice to abate a statutory nuisance where they know or have reason to believe that a nuisance exists or is likely to exist. They would have to show that the nuisance is substantial. A bonfire more than once a month could be considered a statutory nuisance if there was copious smoke which was causing your neighbours to shut their windows. In fact, just the fact that they have to go indoors and cannot enjoy their garden is probably enough, but again, it would have to be quite regular for it to be considered a problem. Once every few months would probably not be considered a nuisance. Smokeless zones only prohibit the burning of coal and wet wood for heating or commercial purposes; they have no application to bonfires.
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