Derbyshire householders could be fined £300 for smoke-belching chimneys this winter

According to a new rule under the Government’s Clean Air Act 1993, anyone whose chimney falls foul of pollution regulations could be fine a minimum of £150 and a maximum of £300.

Much of Chesterfield and North East Derbyshire sit within the borders of areas designated as “smoke control areas” – which are governed by rules dictating which types of fuel can be burned and on which types of appliances.

North East Derbyshire District Council had 28 complaints regarding chimney smoke in 2023, however they were resolved informally without the need for notices or fines.

Outlining the rules over the use of chimneys and wood burners, the Department for Environment, Food and Rural Affairs (Defra) states: “Open fires and wood-burning stoves have risen in popularity over recent years. Smoke from burning causes air pollution which harms the health of millions.”

According to the Defra guidance, anyone living in a smoke control area “must not buy an unauthorised fuel...unless it is to be used in an exempt appliance”.

Defra states those who use wood-burning and multi-fuel stoves which have been “rigorously” tested and demonstrate low smoke emissions when used with the recommended fuel are unlikely to be fined. The Government department has produced a list of Defra exempted products for anyone thinking of buying a wood burner.

The type of fuel householders can burn depends on the type of appliance they are using, however Defra adds that wood “must be dry and ready to burn”.

Clarifying the rules, the Government says approved wood stoves are designed to burn only dry wood, which has less than 20 per cent moisture content and will be labelled as ‘Ready to Burn’ as part of the UK’s wood fuel accreditation scheme.

Anyone who burns Ready to Burn dry wood in their chimney is safely within the pollution rules, says Defra.

A spokesman for North East Derbyshire District Council said: “When smoke is emitted from a chimney in a smoke control area we can choose to issue a written warning as a first step.

"If smoke continues to be emitted a notice with a financial penalty can be issued to the person responsible. Where the council decides to impose a financial penalty, we have discretion to decide the amount of penalty – ranging from £175 up to a maximum of £300 depending on how serious the offence is and if it is a repeat offence.”