The Daily Telegraph - Saturday - Money

‘Can neighbours stop us using our wood burner?’

- Dear Gary

QWe have lived in our terraced house in south London for 30 years. New neighbours moved in last year. They are a younger, profession­al couple and were initially very friendly.

Over the winter we used our wood burning stove as usual. We have had it for years. However, it was not long before the husband next door let us know that when we have it lit, his wife’s asthma is triggered. He basically wants us to cease using it and says it is a “legal nuisance”. He has also said that they were not told about the wood burner when they bought their house and in that same conversati­on added they will be banned soon anyway. We do not want to fall out, but we love our cosy stove. Is the law on our side?

– Huw

A

As central heating became the norm in the last quarter of the 20th century, open fires and

Dear Huw

their dirt and smoke fell out of fashion. But then it seems we remembered the comfort to be had sitting by an open fire or stove. And I must disclose that I am one of those who enjoys an evening sitting by the fire.

Today, so-called log or wood burners are big business, not least because other fuel and energy costs have soared. But while memories of the smog and pollution that dominated the past have faded, health campaigner­s are talking about the danger from small particles of soot and other by-products of burning wood and other solid fuel.

So, your neighbour may be justified in his concerns about his wife’s health. But the question is, can he prove that to a degree to be able to get you to stop? And what is the legal framework for installing and using a wood burner – and have you complied?

The first thing to check is if you live in a “smoke-free area”. These were first imposed under the Clean Air Act 1956 to tackle smoke pollution and smog. It is an example of legislatio­n that has been successful in achieving what it set out to do.

But while smog is not the problem it once was in our cities, the smoke free areas introduced under the legislatio­n remain in place and relevant.

If you live in a designated zone you may not emit substantia­l smoke from your chimney and may only burn certain types of fuel ( which emit less smoke) unless you have a certain type of exempt appliance installed.

Informatio­n about which zones within the urban landscape are smoke free areas as per the Clean Air Act may be discovered by making inquiries

Modern log or wood burners have become big business since other fuel and energy costs soared with your local authority. Also, when you buy a property, this informatio­n is disclosed within the so- called “local search”.

Your neighbour is mistaken about expecting to be told when they bought their house about your wood burner. Standard property searches tend to reveal informatio­n about the house being bought and not neighbouri­ng houses.

Wood burners are also subject to building regulation­s. It is a legal requiremen­t to notify any installati­on in England and Wales to the local authority either via a certified installer, such as someone who has been through the HETAS competent persons scheme.

A wood burner that has not been installed properly is much more likely to be found a “nuisance”.

In legal terms, under the Environmen­tal Protection Act 1990 a statutory nuisance occurs when an activity detracts from a person’s enjoyment of their own property or causes, or is likely to cause, a risk to health.

A local authority can investigat­e and if a statutory nuisance is found, an abatement notice intended to stop the activity can be served.

Excessive smoke would fall into the type of activity a local authority could investigat­e as a possible statutory nuisance. Whether it is or not will turn on the facts of the case.

Rumours of definite plans to ban wood burners soon are not true.

In its Environmen­tal Improvemen­t Plan, published last year, the Government ruled out a full ban, citing the reliance of many households on solid fuel as the reason.

But, of course, the political landscape and who makes the law, can change.

It seems the future battle ground is likely to be on particle emissions. Which means that for now and hopefully in the future, the law is on your side, so long as you burn permitted fuel in a properly installed appliance.

Neverthele­ss, the law being on your side does not prevent you from being a good neighbour and offering to let your neighbours know when you plan to use your wood burning stove – so they can mitigate the apparent trigger for asthma as best they can such as taking an inhaler or shutting windows – may help maintain cordial relations, not least because any neighbour dispute is disclosabl­e if you sell your house.

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