In a smoke control area you cannot release smoke from a chimney and can only burn authorised fuel, or unauthorised fuel such as wood in an appliance approved by Defra as exempt; in England a council can issue a financial penalty of £175 to £300, and a fine of up to £1,000 applies to buying unauthorised fuel for a non-exempt appliance.

How smoke control areas work

GOV.UK explains that many parts of the UK are smoke control areas, where smoke must not be released from a chimney and only authorised fuel may be burned unless the appliance is a Defra-approved “exempt appliance”. GOV.UK says the local council’s environmental services department can say whether a home is in one. This guide covers England, where the penalty figures below apply. Our guide to oil boiler replacement covers another option for homes off the gas grid.

Which boilers and chimneys are caught

Defra’s guidance for councils says the smoke emission rules cover a chimney of any building, a chimney for the furnace of any fixed boiler or industrial plant, and moored vessels where they have been included in the area. A building means any structure with a roof and walls, including sheds and summerhouses. Councils can exempt certain buildings or fixed boilers. That means a solid-fuel or wood boiler serving a home, or a boiler house, is within the regime unless an exemption applies. Outdoor burning such as barbecues, chimineas and pizza ovens outside a building is not covered by the smoke control rules, although an abatement notice can still be served for harmful or nuisance smoke.

What can be burned

According to GOV.UK, a household in a smoke control area may burn only fuels on the authorised list or the smokeless fuels anthracite, semi-anthracite, gas and low volatile steam coal, unless using a Defra-approved appliance. Unauthorised fuels such as wood can be burned only in exempt appliances, which GOV.UK says include some boilers, cookers and stoves. The householder must use only the fuels the manufacturer says the appliance can burn. Defra’s list of exempt appliances for England states that the listed appliances are exempt when used with the specified fuels, operated in accordance with the instruction and installation manuals and meeting any conditions, so the model and fuel need to match the list entry.

Penalties and how councils enforce

GOV.UK says that in England a penalty of up to £300 can be imposed if a chimney releases smoke in a smoke control area, and that a fine of up to £1,000 applies to buying unauthorised fuel for an appliance that is not Defra-approved. Defra’s enforcement guidance explains that the penalty falls on the occupier of the building, for example the homeowner or tenant, or on the owner of a fixed boiler or industrial plant that the chimney serves. A council may first issue a written improvement notice. If smoke continues it can serve a notice of intent, proposing a penalty of between £175 and £300, which the person can object to in writing within 28 days from the day after it was given, followed by a final notice. Further notices can follow for each separate incident.

Fuel sellers and buyers

Defra’s guidance says it is illegal to sell and buy unauthorised fuel for use in smoke control areas unless it is for a Defra-approved appliance, and that retailers must tell customers that in such an area they cannot use olive logs, wine logs or fuels made mostly of wheat husks, straw, miscanthus, bamboo or compressed food waste, and can use unauthorised fuel such as wood only in an appliance approved for that fuel. A retailer that breaks the rule can be prosecuted, and the court decides the fine.

Nuisance rules apply everywhere

Separately from smoke control areas, Defra notes that smoke from a chimney can be a statutory nuisance under Part 3 of the Environmental Protection Act 1990 anywhere in England if it is harmful to health or a nuisance. That is a different legal test and is dealt with under separate procedures. Before installing any solid-fuel boiler, a householder can check the local smoke control status with the council, compare the model with the exempt appliance list, and consider whether the installation needs the building-related approvals discussed in our guide to planning permission for a boiler or flue. Payments for renewable heating are covered in the guide to the Domestic RHI.

FAQs

Can I burn wood in a boiler in a smoke control area?

Only in a Defra-approved exempt appliance using a fuel it is approved for, according to GOV.UK; otherwise only authorised or smokeless fuels may be burned.

How do I know if I live in a smoke control area?

GOV.UK says to contact the local council, and the environmental services department can help.

What is the penalty for smoke from a chimney?

GOV.UK says up to £300 in England, and Defra’s guidance says a council’s penalty ranges from £175 to £300 per notice of intent.

The bottom line

In an English smoke control area a boiler chimney must not emit smoke, and wood or other unauthorised fuel can be burned only in a Defra-approved exempt appliance that is used with the fuel listed for it. Councils can issue penalties of £175 to £300 after a warning and notice process, and the rules on buying fuel are also enforced. Checking the council’s smoke control status and the exempt appliance list before installing avoids problems. This is general information, not regulated advice on any specific installation.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• GOV.UK, “Smoke control areas: the rules”
• Department for Environment, Food and Rural Affairs, “Smoke control area enforcement by local authorities in England” (GOV.UK)
• Defra, “Exempt appliances England”, Clean Air Act Data Entry System

Related guides

Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation — always confirm the details with a Gas Safe registered engineer.