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Q283: My neighbour always lights a smoky fire in his garden, can I do anything about it?

Lighting a bonfire can be illegal if a person lights a fire, or directs/permits such a fire, on land and the fire/smoke injures, interrupts or endangers users of a highway/carriageway.

Otherwise, the smoke created by the fire can be a statutory nuisance, and the Environmental Health department of your local authority will be able to take action if the smoke is classed as a statutory nuisance. You need to record the details of who is lighting the fires, at what times, what the effects were and your details.

The council can stop the person from committing a statutory nuisance and failure to comply can lead to prosecution. However, if the fires are irregular it is unlikely that the local authority will take any action.

For more information please see the link to the Citizens Advice Bureau website in Related Information along with a link to find your local authority.

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