It is a common misconception that there are specific bye-laws to prohibit bonfires or to limit the time of day when they can take place – in fact there are no local bye-laws in East Hampshire. An outright ban would be difficult to enforce and very occasionally a bonfire is the best practicable way to dispose of garden waste.  The occasional bonfire should not cause a major problem so long as it does not affect any neighbouring properties.

Since 2004, new legislation has been in place preventing the use of fireworks at certain times of day. These powers are enforced by the Police please click here for a link to the summary of the legislation

Environmental Protection Act 1990

Where a neighbour is causing a problem a disturbance by having regular bonfires, the law is on your side.  Under the Environmental Protection Act 1990, a statutory nuisance includes smokes, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.  In practice, to be considered a statutory nuisance, a bonfire would usually have to be a persistent problem, interfering substantially with your well being, comfort or enjoyment of your property.

If bothered by smoke, approach your neighbour and calmly explain the problem.  You might feel awkward or angry at the time, but remember they may not be aware of the distress they are causing and by chatting to them about it hopefully make them more considerate in the future.

If this fails, contact the Environmental Services, Environmental Protection Team on 01730 234360.  An officer will investigate your complaint and can issue a nuisance abatement notice under the EPA, if regular burning is taking place and a statutory nuisance can be proved.  If the fire is only occasional it is unlikely to be considered a nuisance in law.  Similarly, if you are being troubled by bonfires from different neighbours, each burning occasionally, a nuisance action would be difficult as there are several offenders.   

You may wish to take independent action by complaining directly to the Magistrates Court under Section 82 of the Environmental Protection Act 1990.  This course of action is easy, inexpensive and does not rely on employing a solicitor.

Under the Highways Act 1980 anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers traffic.  Contact the Police in this case on 0845 045 45 45.

Barbecues can also cause smoke problems, especially if you use a lighter fuel.  The best advice is to be considerate.  If you are having a barbecue, tell you neighbours.  Don’t ignite it when they have their washing out, and if it is windy check that smoke won’t blow straight into neighbouring properties.

Maybe you want a bonfire just for fun, on Guy Fawkes night for example. Don’t forget to warn your neighbours and be considerate, they are much less likely to complain.

Under the Fireworks Regulations 2004, the use of fireworks is now prohibited during night hours. Night hours are from 11pm until 7am. There are a few exceptions to this rule including Guy Fawkes Night (5th November) when fireworks may be used until MIDNIGHT.

Other exceptions to this legislation are on the nights of the Chinese New Year, Diwali and New Year’s Eve when fireworks may be used until 1am.  The use of fireworks is enforced by the Police.  It is also now an offence for anyone to supply fireworks above a certain sound limit.  For further information contact your nearest Trading Standards office, either Basingstoke 01256 776100 or Fareham 01329 316182.

If you do have a bonfire, follow these guidelines to avoid annoying your neighbours or causing a serious nuisance.