Experts reveal the conditions in which you can burn garden waste – and what will land you in trouble with the law

Gardening experts have revealed the key rules and regulations to be aware of if you plan to dispose of garden waste by burning it this autumn.

If you’ve been looking for ways to dispose of garden waste without a garden waste bin, burning it may seem like an effective method of disposal. And while it is, there are a few legal rules to be aware of, so you can avoid any fines and neighbour disputes.

When burning garden waste, ensure you only burn dry, natural waste, avoiding wet or treated materials. Here’s everything you need to know.

Can you burn garden waste?

If you’re planning on having a bonfire this autumn, the first thing you need to do is check that the natural matter is completely dry. You can’t burn wet wood or organic matter because of the smoke it produces.

'You should not burn wet garden waste as it cannot burn cleanly, and will produce thick. heavy smoke instead of a proper flame. This heavy smoke easily drifts across gardens or over roads, which can lead to a statutory nuisance complaint, council investigation or potential fines or prosecution under the Environmental Protection Act 1990,’ explains Richard Barker, horticultural expert and commercial director of LBS Horticulture.

It is also illegal to ‘ burn household waste, plastic, rubber, foam, paint or treated/painted wood (like a fence panel), as this can lead to prosecution or a fine. This is because burning these materials can release hazardous chemicals and fine particulate matter that pollutes the air and poses a serious risk to human health,’ adds Richard.

So, if you’re looking to get rid of paint or any other garden chemicals, you should firstly check your local council's website for guidance, and to find a licensed local authority recycling/ waste disposal centre.

Under the Environmental Protection Act 1990, your bonfire can be deemed a statutory nuisance if the smoke affects your neighbour's health or substantially how they can use their garden.

‘If your bonfire causes a statutory nuisance, your local council can issue an Abatement Notice, and ignoring it can lead to prosecution, with fines of up to £5,000 and a criminal record for domestic nuisances. Separately, burning household waste improperly can result in a £300 Fixed Penalty Notice, while business penalties can reach £50,000,’ says Melissa Quinney, gardening expert at Cabin Master.

How should you dispose of garden waste?

There are better ways to dispose of garden waste than burning it. Instead of setting up a bonfire, consider alternatives like composting or requesting a council collection. However, if a bonfire is unavoidable, it’s important to ensure you do it safely.

‘If a bonfire is unavoidable, a few simple steps will minimise the impact. Talk to your neighbours beforehand so they can bring in washing or close windows, and choose your timing and location carefully,’ says Melissa.

‘Avoid lighting up on damp, still days when smoke hangs in the air, or when the wind will blow it directly into neighbouring properties, and site the fire as far from buildings, fences, and trees as possible - and only burn small amounts of dry material, never use accelerants like petrol or oil. Never leave a fire unattended, and have a bucket of water or hose nearby and ensure the embers are completely extinguished before you leave.

‘Given the potential for fines and neighbourly disputes, a bonfire should really be a last resort. Think about composting, using your council's green waste collection, or taking waste to a recycling centre, as they are all safer, cleaner, and more considerate alternatives.’

While you can burn garden waste under certain conditions, it is not always your best choice. Instead look to compost your waste or dispose of at a recycling centre.