Woodburning stove could leave you with a £300 penalty or criminal record under new regulations

A million Brits who own wood-burning stoves could be fined £300 and even face a criminal record if they misuse them and break air pollution rules.

The heaters, which have become popular in recent years as something of a middle-class status symbol, are causing ministers concerns over the dangerous particles they produce.

Emissions of PM2.5 – ‘particulate matter’ less than 2.5 micrometres in diameter, which constitute one of the most harmful types of air pollution – have increased by 35 per cent between 2010 and 2020. 

PM2.5 pollution is invisible to the naked eye and small enough to pass through the lungs, into the bloodstream, and into your organs. By comparison, a human hair has a diameter of about 70 micrometres. 

But local authorities have struggled to enforce smoke control rules and provide evidence against homeowners that could lead to a conviction in court.

Just 17 fines have been issued by councils over six years, despite some 18,000 complaints being made by locals. 

As a result, the government is looking to crack down on misuse of the stoves and has told council chiefs to look at imposing on-the-spot civil penalties, which could be as much as £300.

Criminal prosecutions could be pursued for the most persistent offenders, resulting in a fine of up to £5,000 plus a further £2,500 for each day a breach continues afterwards. 

New regulations mean that all new wood-burning stoves and multi-fuel stoves and fireplaces that are manufactured will have to meet strict new guidelines known as Ecodesign. 

This means the stove has been independently tested by an approved laboratory and meets requirements on air quality and particulates.

The new rules also outlawed the sale of the most polluting fuels and ensures only the cleanest stoves are now sold.

Existing wood-burning stoves can still be used even if they don’t meet the new standards, though restrictions apply to those living in ‘smoke control areas’.

These are specific areas, designated by local councils, where there is a limit on how much smoke householders can release from a chimney and where only certain authorised fuels can be burned.

Under The Clean Air Act, wood cannot be burnt in smoke control areas unless using an exempt appliance.

Homeowners can find out if they live in a smoke control area by contacting their local council’s environmental services department.

Under new log burner regulations that came into force in May 2021, sales of bagged house coal and wet wood in units under two cubic meters became unlawful. And wet wood in bigger volumes must be sold with advice on how to dry it out before it’s burned.

Only certain types of wood are suitable for burning and the wood must be dry, meaning it has a moisture content of less than 20%. 

Homeowners are advise to check this by investing in a moisture meter or ensuring the wood is bought from a bona fide supplier. 

Environment Secretary Therese Coffey told the Times there were no plans to ban wood-burning stoves or open fires altogether, but admitted many owners didn’t understand the effects on the environment.

‘I want an educational approach. We want people to do the right thing,’ she said.

However, ClientEarth, which has won pollution cases against the government, called for domestic burning to be phased out. 

Andrea Lee, from the charity, said: ‘Pollution from wood-burning is a growing source of fine particulate matter pollution in some areas, which is a serious threat to people’s health.’

Academics have hailed the push for enforcement but fear councils don’t have the resources to actually implement the plan.

Professor Frank Kelly at Imperial College London said: ‘If you report that you’ve walked past a property and you can see smoke coming out of a chimney when there shouldn’t be, it’s very, very unlikely that an enforcement officer is going to turn up at that door and do anything. 

‘It’s down to the local council to enforce them and they haven’t got the manpower to do it.’