Smoke control guidance for local authorities: FAQs

Poor air quality contributes to the development of numerous diseases including cancer, heart disease and asthma; children, the elderly and those with respiratory issues are particularly at risk. 

Domestic and commercial burning of solid fuels is estimated to be the largest source of particulate matter, specifically PM_2.5 in Wales, which, when breathed, in can irritate lungs and cause long term harm to health. 

Smoke control is a useful tool when used as part of a holistic approach to local air quality management. The new civil sanctions regime introduced by the Environment (Air Quality and Soundscapes) (Wales) Act 2024 reduces the burden of proof to facilitate quicker intervention by local authorities to tackle smoke emitted within their Smoke Control Areas. 

You can offer an advice-led approach to encourage compliance without the need for a financial penalty, though this option is available if the advice is not followed. 

A smoke control area is an area where people and businesses must not:

• emit smoke from a chimney of a building. This also includes outdoor buildings that have a chimney, such as summerhouses
• buy or sell unauthorised fuel for use in a smoke control area unless it's used in an 'exempt' appliance (appliances which are approved for use in smoke control areas)

The relevant pieces of legislation are the Clean Air Act 1993 and the Environment (Air Quality and Soundscapes) (Wales) Act 2024 (‘the legislation’).

Homes and businesses can burn the following fuels in a smoke control area: 

• ‘smokeless’ fuels: anthracite, semi-anthracite, gas and low volatile steam coal.
• authorised/certified manufactured solid fuels, which you can find on the following website: Authorised/Certified Fuels – Clean Air Act Data Entry System
• dry wood, but only when using appropriate exempt appliance. Wood cannot be burned in an open fireplace in a smoke control area. You can check if your appliance is exempt by searching on the following website: Exempt Appliances – Clean Air Act Data Entry System. You must only use the types of fuel that the manufacturer says can be used in the appliance.

You may declare the whole or any part of your authority to be a smoke control area. Before creating a smoke control order, you must consult on your proposals with those affected by the change and take into consideration any comments before proceeding. You can choose to make exclusions when creating a smoke control order, such as a type of fireplace or building.

Whilst not captured within the legislation, we would recommend that you also undertake an analysis of the benefits and impacts of creating a smoke control area. This analysis could include such things as the number of homes and businesses affected, how many properties may be non-compliant at the time of the introduction or how positive the impact on local air quality may be. The costs of this analysis would need to be factored into your decision.

There are specific steps you must follow, as detailed in the legislation. Guidance is available under Create, vary or revoke a Smoke Control Area.

You may vary an existing order, for example, to extend its boundaries or exclude certain buildings. You must consult on your proposals with those affected by the change and take into consideration any comments before proceeding.

Detailed guidance is available under Create, vary or revoke a Smoke Control Area.

You may revoke an existing smoke control order, for example if you want to replace it with a single smoke control order to cover your entire authority. You must consult on your proposals with those affected by the change, but the rules are slightly different for older orders. If your order was made on or after 13 November 1980, objections can be raised direct to the local authority. If made before 13 November 1980, objections must be made direct to Welsh Ministers and they will decide whether a local inquiry or a meeting with an appropriate person is required. You must take into consideration any objections before you proceed with the revocation.

Detailed guidance is available under Create, vary or revoke a Smoke Control Area.

In the vast majority of cases, if a person is burning an authorised fuel or using an exempt appliance then smoke will not be emitted and so a civil penalty cannot be issued. If smoke is emitted then you will be able to take action but you are not compelled to do so. More information can be found in the Civil Sanctions’ factsheet.

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.

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.

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

In most cases, no. The provision for reimbursement of adaptation costs for pre-1964 homes was removed from the legislation by the Environment (Air Quality and Soundscapes) (Wales) Act 2024. 

Two sections of the Clean Air Act 1993 relating to adaptation costs have been retained. Section 24 requires you to reimburse adaptation costs where you have specifically required the work and you can reclaim a proportion of these costs from Welsh Ministers. Section 26 gives you the discretionary power to pay for adaptations to religious and charitable buildings.

It’s illegal to sell and buy unauthorised fuels for use in an area where a smoke control order applies, unless it’s for an exempt appliance, in a building, fireplace, or a fixed boiler / industrial plant. The list of authorised fuels in Wales can be found on the following website: Authorised/Certified Fuels – Clean Air Act Data Entry System 

For the buyer, there is a maximum fine of £100. For the retailer, the level of fine will be decided by the court. You should also check that retailers are taking action to inform customers about these rules.

More information can be found in the Acquisition and Sale of Unauthorised Fuels factsheet. 

No, vessels in Wales are not covered by the legislation.

Whilst not a requirement of the legislation, we recommend you inform your Land Registry of your smoke control areas.  This will help communicate the existence of smoke control orders via solicitor-led searches for prospective land or building purchases.