Rules on wood burning stoves

Many homeowners like the appearance and practicality of a wood-burning stove. Indeed, many consider that this might be a more eco-friendly means of heating their home. However, those buying a property with a wood-burning stove or thinking of having one installed should be mindful of the requirements of the government's Clean Air Strategy.

This strategy was released in 2019 to indicate how all sources of air pollution will be tackled. The strategy reports that burning wood and coal in open fires and stoves makes up 38% of the U.K.'s primary emissions of fine particulate matter. Amongst many other intentions, the Clean Air Strategy proposes legislation to prohibit the sale of the most polluting fuels, ensuring that only the cleanest stoves are available for sale by 2022.

Consumers and homeowners need to understand that wood burning stoves will not be banned but from 1 January 2022, all wood burning and multifuel stoves and fireplaces that are manufactured must adhere to strict new guidelines, called 'eco design'.

The installation of a wood burning stove already requires a building regulation compliance certificate from the installer on the completion of installation work. Alternatively, customers using a HETAS registered installer will obtain a HETAS certificate of compliance. This demonstrates that the installation complies with the relevant building regulations. It is necessary for the installer to self-certify with the building control department of the local authority that the work has been done.

HETAS has launched a series of products which comply with the eco-regulations for minimum efficiency and maximum emissions limits.

The buyer of a residential property will generally be aware that the property has a wood burning stove as this will be obvious when they view the property. The seller must provide the appropriate certification during the conveyancing process.

The buyer's conveyancer will carry out a local search on behalf of their buyer client.  This should reveal the building regulation completion certificate regarding the installation of a wood burning stove or, alternatively, that the appropriate self-certification has been carried out by a HETAS registered installer.

If it is clear that the seller has only recently installed a wood burning stove, it will be necessary to ensure that it meets the new, more stringent standards.

In addition to ensuring that the wood burner itself is compliant, it is important to ensure that the fuel used in the stove is of an acceptable type. The two most polluting fuels, wet wood and house coal, are being phased out. The owners of wood burners must find clean, but probably more expensive, alternatives such as dry wood and manufactured solid fuels.

It is also necessary to check whether a property is situated in a smoke control area. This will be revealed on the local search, referred to above, when a buyer purchases a property. If a property is in a smoke control area, only Defra approved, smoke exempt wood burners can be installed. It is illegal to use a non-exempt appliance in a smoke control area. Unsurprisingly, many urban areas are smoke control areas and a householder could face a fine of up to £1,000 if the rules are breached.

Wood burners are generally a positive addition to most homes but it is important to ensure that they, and the fuel burnt in them, meet with the increasingly stringent clean air requirements. Failure to comply could be an expensive mistake.

To discuss this or any other property related matter, contact us.