What is a Smoke Control Area?

Under the Clean Air Act 1993 as amended by the Environment Act 2021, local authorities may declare the whole or part of the district of the authority to be a smoke control area. This means that it is an offence to emit a substantial amount of smoke from a chimney of a building if located in a designated Smoke Control Area. Therefore, Smoke Control Areas need to be considered before planning the installation of a solid fuel stove.

How do I know if I live in a Smoke Control Area?

You will need to contact the Environmental Health department at your local authority to determine if you live in a Smoke Control Area. However, DEFRA (Department of Environment, Food & Rural Affairs) has an indicative interactive tool that allows you to explore the location of Smoke Control Areas and exemptions in England.

The below image is taken from the DEFRA interactive tool showing the extent for the Smoke Control Area in Corby, Northamptonshire. 

What can you burn in Smoke Control Areas?

In a Smoke Control Area you can only burn fuel on the list of authorised fuels or some ‘smokeless fuels’, unless you’re using a DEFRA approved appliance.

Authorised fuels have passed tests to confirm that they are capable of burning in an open fireplace without producing any smoke or a substantial quantity of smoke. Examples of authorised fuels are:

• anthracite
• semi-anthracite
• gas
• low volatile steam coal

DEFRA maintains a list of authorised fuels. Fuels are authorised separately in England and Wales.

In England, fuels are authorised for use in Smoke Control Areas by the Secretary of State in accordance with changes made to Sections 20 & 21 of the Clean Air Act 1993 by Section 15 of the Deregulation Act 2015. A full list of authorised fuels in England can be found here.

Whereas in Wales, fuels are authorised for use in Smoke Control Areas by regulations made by the Welsh Ministers. A full list of authorised fuels in Wales can be found here.

Are there exempt appliances that can burn unauthorised fuels?

Unauthorised fuels, such as wood, can be burned in exempt appliances. Exempt appliances have passed tests to confirm that they are capable of burning an unauthorised or inherently smoky solid fuel without producing any smoke or a substantial quantity of smoke.

DEFRA maintain a list of exempt appliances. Exempt appliances are authorised separately in England and Wales.

Similar to above, in England appliances are exempted for use in Smoke Control Areas by the Secretary of State in accordance with changes made to Sections 20 & 21 of the Clean Air Act 1993 by Section 15 of the Deregulation Act 2015. A full list of exempt appliances in England can be found here.

Whereas, in Wales, appliances are exempted for use in Smoke Control Areas by regulations made by the Welsh Ministers. A full list of authorised fuels in Wales can be found here.

Do I need Building Regulations approval for installing a solid fuel stove?

The installation of a solid fuel stove is controllable under the Building Regulations, regardless of whether it is a Smoke Control Area or not. 

Solid fuel stoves are frequently installed by a person who is a member of a suitable Competent Person Scheme. An installer who is a member of a suitable Competent Person Scheme can self-certify the works, instead of the Local Authority inspecting that the works comply with the Building Regulations.

A list of suitable Competent Person Schemes for the installation of a solid fuel-burning combustion appliances (other than a biomass appliance) can be found in Schedule 3 of the Building Regulations 2010. As of December 2023, the list of Competent Person Schemes approved under the Building Regulations for this type of work are as follows:

• Association of Plumbing and Heating Contractors (Certification) Limited
• Building Engineering Services Competence Assessment Limited
• Certsure LLP
• HETAS Limited
• NAPIT Registration Limited
• Oil Firing Technical Association Limited

As the above Competent Person Scheme providers can usually self-certify different types of work, it is important to always check that your installer is registered in respect of the type of work that they are proposing to undertake.

Also, it is important the installer provides you with a Building Regulations Compliance Certificate upon completion of the works. You should keep this safe as you may needed to confirm that the works comply with the Building Regulations for insurance purposes or should you sell your home. 

However, if the installation of a solid fuel stove is not undertaken by a person who is a member of a suitable Competent Person Scheme, you should make an application to the Building Control Department at your Local Authority prior to commencing works (unless you live in a high-rise residential building that is at least 18 metres in height or has at least 7 storeys, in which case an application should be made to the Building Safety Regulator). You can find the contact details of your local Building Control Department here. In this instance, it is always advisable that the installer still has sufficient skills and knowledge to undertake the works safely. 

For more guidance on the installation of solid fuel stoves with a rated output up to 50kW, please see Approved Document J in England and Wales. The following LABC guide to installing solid fuel stoves may also be helpful. 

Do I need Planning Permission for installing a solid fuel stove?

Fitting, altering or replacing an external flue or chimney to a house, is normally considered to be permitted development, not requiring planning consent, if the conditions outlined below are met:

• Flues on the rear or side elevation of the building are allowed to be a maximum of 1m above the highest part of the roof
• If the building is listed or in a designated area even if you enjoy permitted development rights it is advisable to check with your local planning authority before a flue is fitted
• In a designated area the flue should not be fitted on the principal or side elevation that fronts a highway

However, the above is just a ‘rule of thumb’ so it is advisable to always check with your local planning authority before commencing works. More information on planning permission with regards to solid fuel stoves can be found here for England and Wales.

_{NOTE: Every care was taken to ensure the information was correct at the time of publication. Any written guidance provided does not replace the user’s professional judgement. It is the responsibility of the dutyholder or person carrying out the work to ensure compliance with relevant building regulations or applicable technical standards.}