Smoke Control Order 2025

Closed 21 Aug 2025

Opened 19 Jun 2025

Results updated 30 Sep 2025

The responses to the consultation have been given due consideration. There was little opposition to the application of the Smoke Control Order to fixed dwellings and industrial buildings. However it is clear that a majority of respondents did not support the inclusion of moored vessels in the Smoke Control Order. The reasons given included a reliance on solid fuel stoves for heating and cooking, the economic impact of compliance, the lack of alternatives, culture and heritage, and discrimination and rights. Having noted these concerns we have decided to proceed to make the Smoke Control Order so that it comes into effect as of 23rd March 2026. In doing so we would like to make it clear that while the Smoke Control Order imposes restriction of the type of fuels that can be used it does not propose an outright ban on the use of solid fuel stoves anywhere in Birmingham. To mitigate the effect on the boating community the following are proposed.

  • To engage further with those affected and to provide education on the Smoke Control Order
  • To defer any enforcement of the Smoke Control Order rules against the occupiers of narrowboats until such time as a Moored Vessels Enforcement Policy is in place. This will be developed in conjunction with the affected parties and representative bodies to ensure the Policy which is implemented is proportionate and equitable.

We consider the implementation of the Smoke Control Order to be beneficial to the wellbeing of Birmingham citizens. The burning of inappropriate solid fuel for the appliance in question will result in the release of various air pollutants such as nitrogen dioxide, fine particulate matter, polycyclic aromatic hydrocarbons, all of which carry health risks, including to stove users themselves. This is a major rationale for smoke control areas. Whilst the contribution of nitrogen dioxide and particulate emissions arising from solid fuel burning on narrowboats and other moored vessels is unlikely to be significant to overall pollution levels it will nevertheless be contributory.  It is important to ensure all appropriate action is taken to regulate pollutant emissions so as to achieve the Council’s ambition of improving air quality across all neighbourhoods to benefit public health.

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Overview

The Whole of Birmingham is a Smoke Control Area, designated under the provisions of the Clean Air Act 1983 to improve air quality. As a result of this, residents are only allowed to burn authorised fuels in an open fireplace or an exempt appliance. Burning coal is not permitted in Birmingham. More information about Smoke Control Areas can be found at https://www.gov.uk/smoke-control-area-rules.

Under the Environment Act 2021, additional controls were put in place to ensure the proper use of:

  • open fireplaces
  • wood-burning fireplaces (wood burners)
  • other similar domestic appliances

As a result of these changes it is necessary to revoke the previous Smoke Control Orders and make a new Smoke Control Order, which will also extend the provisions of the Clean Air Act to moored vessels (canal barges), as well as dwelling houses. For the majority of Birmingham residents there will be no change. We are required to consult with the public before making the new order.

The Notice, Draft Order, and a map showing the extent of the Smoke Control Area can be found at the bottom of this page. 

If you wish to object to the confirmation of the proposed Smoke Control Order you should inform the Department of the Environment food and Rural Affairs (DEFRA) by emailing Air.Quality@defra.gov.uk or by writing to Air Quality and Industrial Emissions, Defra, Seacole Building, 2 Marsham Street, London SW1P 4DF.

Areas

  • All Areas

Audiences

  • All residents

Interests

  • Environment