As the long summer days begin to disappear and we edge closer to the short, cold days of winter, many may be considering installing a wood-burning stove or preparing to use the one already in place. However, there are new laws concerning wood-burning stoves to be aware of. Homeowners are now required to adhere to a myriad of clean air regulations and appliance exemptions, which can be quite perplexing.
Since 2022, new laws dictate the type of log burner you can purchase and what you can burn in it if you want to avoid shelling out on hefty fines. Some of these laws only came into effect last year, prompting experts to warn that many people could unknowingly fall foul of them.
You can only be fined for using a wood-burning stove if you do not follow the proper legislation – for example, if you burn the incorrect fuel. Local Authorities can issue on-the-spot civil penalties for these offences, up to £300. Moreover, if you repeatedly break this legislation, you could be taken to the criminal courts.
The new laws governing wood-burning stoves were introduced to reduce the country’s emissions, with these appliances contributing to 38 percent of particulate matter air pollution, according to a Government report. Wood-burning stoves and multi-fuel stoves, plus fireplaces, now being produced must adhere to stringent new guidelines termed ‘Ecodesign’ which is effectively a thumbs-up from an approved lab, confirming they’re up to scratch with air quality and particulate requirements.
Local authority websites provide information on relevant smoke control areas and their boundaries. It is an offence to produce smoke from the chimney of a building if you live in a smoke control area. It is the responsibility of local authorities to investigate breaches within their smoke control zone. However, certain appliances, including approved wood-burning stoves, are exempt from this regulation. You can check whether this includes your appliance on the Department of Environment, Food and Rural Affairs (DEFRA) website.
In England, as of the summer of 2023, it is illegal to burn coal (excluding smokeless coal like anthracite) or wet wood in your home. You can burn only kiln-dried logs, dried logs or smokeless fuels. As above, if you live in a smoke control area, you can only burn logs if you have a DEFRA-exempt stove.
Wood sold for the purpose of burning in stoves must be RTB (Ready To Burn), meaning it has been tested and has a moisture content under 20 percent. DEFRA appointed HETAS and Woodsure to run the RTB fuel certification scheme in order to achieve cleaner burning of wood.
If you are unsure about how these regulations might affect you, or if you have any questions, please contact Chris Ross, Commercial Property Partner at Swinburne Maddison, on 0191 384 2441 or by email at cr@swinburnemaddison.co.uk.
