Nottingham City Council has approved the introduction of financial penalties for people who breach smoke control rules, replacing previous criminal enforcement with a civil system.
The decision, taken by the council’s executive member for neighbourhoods, waste and equalities, allows the authority to issue fixed penalty charges where smoke is emitted from chimneys in designated Smoke Control Areas, which cover the whole of the city.
The move follows changes to national legislation under the Environment Act 2021, which amended the Clean Air Act 1993 and removed the ability to prosecute such offences through the criminal courts.
Under the new arrangements, a first offence will result in a £175 penalty, rising to £225 if not paid within 21 days. Second and subsequent offences will carry a £225 charge, increasing to £250 if unpaid within the same period. The council has also delegated authority to senior environmental health officers to issue fines, consider objections and reduce penalties where appropriate.
Smoke Control Areas have been in place across Nottingham for several decades, having first been introduced in response to severe air pollution episodes in the mid-20th century. These controls restrict the burning of coal, wood and other materials in standard fireplaces unless a suitable appliance or authorised smokeless fuel is used, with the aim of reducing harmful emissions from chimneys.
Council officers say enforcement will continue to begin with informal action, with penalties only used where this approach fails. The Environmental Health and Safer Places team currently receives a small number of complaints each year relating to smoke emissions, most of which have historically been resolved without formal action.
The change reflects a national shift from criminal to civil enforcement in this area. Under the updated legislation, local authorities can impose fines as civil debts rather than pursuing prosecutions, with individuals given the opportunity to object and appeal. A notice of intent must first be issued, allowing 28 days for representations before any penalty is confirmed, and appeals can be made to the First-tier Tribunal on specified grounds.
Council documents state that introducing penalty charges ensures there is still an enforcement option available where informal measures are ineffective, and avoids a situation where breaches could go unchallenged, potentially affecting neighbouring residents and local air quality.
The financial impact of the change is expected to be minimal, with estimated annual income from penalties of less than £500. Any unpaid fines may be pursued through civil debt recovery processes where considered proportionate.
The decision is subject to call-in, with a deadline of 28 April 2026 before it is fully implemented.
For residents, the change does not alter the existing rules around what can be burned in homes within Smoke Control Areas, but it does change how breaches are dealt with, moving enforcement away from the criminal courts and towards fixed financial penalties issued by the council.
