Skip to main content

Domestic garden fires

Garden bonfires are not specifically prohibited. However, if smoke from a bonfire significantly affects nearby residents, it may be considered a statutory nuisance under the Environmental Protection Act 1990. In such cases, the Council may be required to take formal action.

Householders may have garden bonfires but should use them responsibly and only as a last resort. Wherever possible, garden waste should be composted or disposed of through recycling services.

Bonfires can cause smoke, odours, and air pollution. If smoke becomes excessive or persistent, it is more likely to be considered a statutory nuisance.

To reduce the risk of causing a nuisance, you should:

  • Only burn dry garden waste
  • Avoid burning household rubbish, plastics, or treated materials
  • Choose an appropriate time of day and suitable weather conditions
  • Ensure smoke does not drift into neighbouring properties

If a bonfire is found to be causing a statutory nuisance, the Council may take enforcement action.

Environmentally friendly alternatives such as composting are strongly encouraged. Compost bins are widely available and provide a sustainable way to dispose of garden waste.

Commercial waste and fires

Burning commercial waste is generally prohibited unless carried out under a valid environmental permit or registered exemption.

All businesses have a legal Duty of Care under the Environmental Protection Act 1990 to ensure that waste is stored, managed, and disposed of correctly. This includes:

  • Using authorised waste carriers
  • Ensuring waste is taken to a licensed facility
  • Keeping appropriate documentation

Burning business waste can cause significant smoke, air pollution, and harm to health and the environment. It may also result in enforcement action by the Council.

Businesses should:

  • Use a licensed waste carrier
  • Keep waste transfer notes or other legal documentation
  • Recycle waste wherever possible
  • Ensure waste is not burned or disposed of unlawfully

Further guidance on managing business waste is available from GOV.UK

Failure to comply with these requirements may result in formal action.

Organising firework displays

Information about organising firework displays is available from the Health and Safety Executive (HSE).

Contact us

Environmental Safety and Health
Council House
Priory Road
Dudley
DY1 1HF

Office Hours: Monday to Friday - 8.45am to 5pm
Offices are closed at weekends and Bank Holidays