Is your neighbour’s fire pit too close to your fence? Experts explain when you can complain
If smoke is drifting into your garden or you’re worried about the risk of fire, there are steps you can take
As the weather cools, fire pits come into their own, but they can also cause problems, especially if your neighbour uses a fire pit close to your fence.
'Your neighbour can generally use a fire pit in their garden, and there isn’t a specific law that sets out exactly how far it must be from a garden fence. However, that doesn’t mean it can be placed anywhere without consideration for safety,' says Gaz Eastwood, Outdoor Cooking and Heating Expert at Direct Stoves.
However, if the fire pit is posing a fire risk or the smoke is causing a nuisance, then there is something you can do.
What you can do if your neighbour is using a fire pit close to your fence
While there are no laws that restrict where you or your neighbours can place your fire pit, users should still practice caution – such as knowing where to place it and what to burn. This includes not placing your fire pit close to any garden fences.
Whether your neighbours have a simple cast-iron design, similar to this fire pit from Amazon or a more elaborate one like this also from Amazon, safety should come first.
'Always follow the manufacturer’s instructions, but as a general rule, fire pits should be placed on a flat, non-combustible surface, well away from fences, foliage or low-hanging branches,' says Gaz.
If your neighbours are using a fire pit too close to your fence, the first step to solving a neighbour dispute is talking to them. Most are reasonable and will be open to choosing a different spot in the future if it is causing a genuine problem or putting both your properties at increased risk of fires. Of course, once lit, a fire pit should not be moved.
If your neighbours continue to light their fire pit near your fence, your next step is to contact the council.
'If it is deemed that the smoke is interfering with the use and enjoyment of a home or other premises, or causing/could cause health issues, you should report this to your local council, which will serve an abatement notice,' says Jordan Kluth, senior associate /conveyancing solicitor at John Fowlers. 'This will restrict or prevent the use of the fire pit. If this is ignored by the neighbour or breached without a reasonable excuse, the court can impose a fine.'
How to tell if the firepit is causing a legal nuisance
'If a neighbour is using a fire pit close to your fence, it could interfere with your use and enjoyment of your property. It could also affect your health and amount to a statutory nuisance under the Environmental Protection Act 1990,' adds Jordan.
For the smoke to be a statutory nuisance, Jordan explains that it must:
- unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- injure health or be likely to injure health
If your neighbour's firepit causes either of these problems, you have grounds to complain to the council. If they agree, they can restrict or prevent your neighbour from using their fire pit close to your fence.
