Birmingham City Council has confirmed that a new Smoke Control Order will come into force on 23 March 2026, strengthening protections for residents’ health and extending smoke control rules to the city’s waterways for the first time.
The new Order, made under powers introduced through the Environment Act 2021, which amended the Clean Air Act 1993, will apply to all homes, appliances and vessels across Birmingham.
As outlined in the Department for Environment, Food and Rural Affairs (Defra) Emissions of air pollutants in the UK statistics, domestic wood burning is now one of the largest sources of fine particulate pollution in the UK, responsible for 22% of PM2.5 emissions. These tiny particles can enter the lungs and bloodstream and are linked to respiratory and cardiovascular disease.
From 23rd March 2026:
All properties and waterways in Birmingham will be within a Smoke Control Area.
Residents and users of moored boat vessels, such as canal boats, will not be permitted to emit visible smoke from a chimney.
Residents and canal boat users are only allowed to burn authorised fuels in an open fireplace or burn other solid fuels, such as wood, in a Defra-exempt appliance. Burning coal is not permitted in Birmingham.
The extension of the Smoke Control Area to include waterways means that moored vessels, including canal boats, will now fall within the scope of the regulations. Boat owners may be eligible for reimbursement of up to 70% of the cost of any required adaptations. Full details of the scheme, including eligibility criteria and application guidance, can be found on the Brum Breathes website here.
Following a public consultation hosted on Birmingham Be Heard, responses were carefully reviewed as part of the development of the Smoke Control Order 2025. Feedback indicated broad support for applying the Order to fixed dwellings and industrial buildings, while concerns were raised regarding its extension to moored vessels, particularly around reliance on solid fuels, costs, and availability of alternatives.
The Council has considered these views and confirmed the Order will proceed, coming into effect on 23rd March 2026, with further engagement and a proportionate enforcement approach for the boating community. The consultation reinforced the importance of regulating inappropriate fuel use to reduce harmful pollutants such as nitrogen dioxide and fine particulate matter, supporting ambitions to improve air quality and protect public health across Birmingham.
The Council will work alongside the Department for Environment, Food & Rural Affairs, the Canal & River Trust and the National Bargee Travellers Association to ensure residents and boat dwellers understand their rights and responsibilities.
Councillor Majid Mahmood, Cabinet Member for Environment and Transport, welcomed the implementation of the new Smoke Control Order, saying:
“An effective Smoke Control Order is a vital part of our mission to improve air quality in Birmingham, and this update brings our policy in line with the Environment Act of 2021, enabling us to have greater powers of enforcement for those who breach the guidelines. While Birmingham is rightly proud of its waterways, we must also consider the environmental impact of vessels that are moored in our city.
“Wood burning may feel like a lifestyle choice, but the smoke does not stay within one home. It affects neighbours, children, older people and those with existing health conditions. This new Order ensures that we protect the health of communities across Birmingham whilst supporting those who need to transition to cleaner heating. This new Order ensures we are protecting the health of communities across Birmingham while providing support for those who need to transition to cleaner heating.”
Officers may issue civil penalties for smoke emissions. The Council will also take action against improper fuel storage and non-certified fuels.
If you do not follow the rules in a Smoke Control Area and visible smoke is seen being emitted from your chimney (section 19A of the Clean Air Act 1993), you could face a penalty of up to £300. You can also be fined up to £1,000 by a magistrates’ court if you acquire or sell ‘controlled’ (unauthorised) solid fuels (section 19B of the Clean Air Act 1993).
The Council is launching an awareness campaign under the hashtag #ClearTheAir to explain what is changing, which fuels are permitted, and what support is available.
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