Smoke control area guidance for local authorities: civil sanctions factsheet

This factsheet sets out the civil sanctions’ regime in accordance with Schedule 1A of the Clean Air Act 1993, as amended by the Environment (Air Quality and Soundscapes) (Wales) Act 2024 which came into effect on [insert date once commencement order agreed, likely to be spring 2025].

The main change brought forward in recent legislation is the switch from criminal to civil sanctions for the offence of emitting smoke from a chimney of a building in a Smoke Control Area. 

We recommend you adopt an advice-led approach and always use this as your first option, to raise awareness of how domestic solid fuel burning contributes to poor air quality in Wales and how it can adversely impact the health of the occupants and their neighbours. Consider sharing examples of best practice or other behavioural change tools to inform occupants of the dangers of poor burning practices and the harm this can do to the health and wellbeing of them and their neighbours.

The Clean Air Act 1993 had exceptions to the criminal sanctions in relation to the emission of smoke when using an appliance or fuel authorised by the Welsh Ministers. These exceptions (often referred to as defences) have been removed to facilitate quicker intervention to tackle smoke emissions.

The civil standard means a lower level of proof is required to determine whether the law has been broken. i.e. you must apply the balance of probabilities rather than beyond all reasonable doubt. However, you must collect evidence to prove that smoke is being emitted from the chimney.

You need to collect photographic or video evidence of smoke being emitted from a chimney. This can be captured direct by your officers or from evidence submitted by citizens. To facilitate this, you may wish to provide this function on your website. You must provide this evidence when enforcing the legislation.

Civil monetary penalties can be levied but should be used as a last resort, when other methods of engagement and behaviour change techniques have failed.

The steps you should follow are:

• speak to the householder or business and offer advice
• issue an improvement notice. This is not a legal requirement but supports the Welsh Ministers’ advice-led approach to reducing smoke emissions and is highly recommended. You may supplement this initial letter with advice leaflets, if available
• if the emissions continue, issue a notice of intent.
• issue a final notice with a financial penalty.

You may give a notice by:

• handing it to the person responsible.
• leaving it at the person’s address.
• sending it by post to the person at their address.
• emailing it to the person (if you have their consent).

You can issue a financial penalty to any of the following for smoke emissions in a smoke control area:

• the occupier of the building with the chimney – for example, the homeowner or the tenant.
• the owner of the fixed boiler or industrial plant that the chimney serves.

Templates are available for you to send to residents and businesses when enforcing the legislation.

The financial penalties range from a minimum of £175 to a maximum of £300 for each notice of intent you send. You should develop and document your own policy on how much to charge those responsible for smoke emissions, and considerations should be given to the seriousness or repetition of the offence.

You can keep any income received from the financial penalties. It’s good practice to keep a record of financial penalties collected. The information might include the:

• number of financial penalties issued
• number of financial penalties collected
• amount collected