Guidance

Domestic solid fuels: rules for local authorities in England

What enforcement action you can take if domestic solid fuels for sale in England do not meet the legal requirements.

From:
Department for Environment, Food & Rural Affairs
Published
16 February 2021
Last updated
1 May 2023 — See all updates

Applies to England

This guide is for local authorities in England who need to regulate the sale of domestic solid fuels in accordance with The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020.

Separate smoke control area rules still apply in England, Scotland, Wales and Northern Ireland.

Sales of domestic solid fuel in all of England are regulated. This includes:

Traditional house coal

It is illegal to sell traditional house coal (also known as bituminous coal) for use in homes in England.

All suppliers, distributors and retailers can continue to sell these ‘smokeless’ fuels:

  • anthracite coal
  • semi-anthracite coal
  • low volatile steam coal

Traditional house coal compliance checks

You should check:

  • retail outlets and coal merchants are not selling traditional house coal
  • records of the types of coal that have been sold by outlets and merchants
  • delivery records to determine delivery locations (such as households, pubs, restaurants)

Wood and manufactured solid fuels

These are the rules for manufactured solid fuels and wood sold for domestic use across all of England, including smoke control areas.

The rules for wood depend on the amount of wood sold.

Wood sold in volumes of less than 2 cubic metres

Wood sold in volumes of less than 2 cubic metres must be certified as ‘Ready to Burn’.

It must have the following information either attached to the packaging, alongside the wood on the shelf or next to the price:

  • the logo
  • supplier details
  • unique certification number

This information must be clearly displayed to confirm that the fuel has a moisture content of 20% or less.

Wood sold in volumes of 2 cubic metres or more

All suppliers who sell wood in volumes of 2 cubic metres or more must provide customers with a notice that explains how to dry, store and check the moisture of the wood before it is used.

Manufactured solid fuels

All manufactured solid fuels must be certified for use to be legally sold.

The following information must be either attached to the packaging, alongside it on the shelf or next to the price:

These manufactured solid fuels are exempt from these requirements:

  • coffee logs
  • olive logs
  • wine logs
  • fuels where it’s mostly made of wheat husks, straw, miscanthus, bamboo or compressed food waste

Compliance checks for wood and manufactured solid fuels

You should check:

  • wood and manufactured solid fuel sold have the Ready to Burn logo, certification number and supplier or manufacturer details displayed correctly
  • the certification details against the certification list
  • sales records (including sales to third-party retailers)
  • correct information on drying is provided to customers for wood fuel volumes of 2 cubic metres or more
  • wood is stored correctly so that it is not sold to customers damaged or wet

Enforcement action

Offenders who sell unauthorised fuel to customers can be treated differently. Treatment will depend on whether they are first offenders or repeat offenders and the severity of the offence.

Enforcement action taken could be:

  • a £300 fixed penalty notice (FPN) issued by the local authority
  • a more substantial fine issued by the courts

Enforcement action decisions should follow the principles of the Regulators’ Code.

In addition to taking enforcement action, you should aim to reduce breaches of the domestic fuels legislation through clear, well-designed communications.

When to issue FPNs

You can issue a FPN if a fuel manufacturer, supplier, distributor or retailer appears to have broken the rules.

When not to issue FPNs

You should only issue an FPN when it is proportionate and in the public interest to do so.

You must not issue a FPN if a company makes a convincing case that they complied with the legislation.

You must not issue a FPN for:

  • exempt manufactured solid fuels
  • ‘smokeless’ fuels

You should not issue a FPN if prosecution through the courts is more appropriate. For example if:

  • they are a repeat offender
  • the £300 FPN fine would not cover the extent of the offence

Report use of FPNs for solid fuel offences

You should report regularly and consistently on your use of the FPN to help the public understand the approach to enforcement.

As good practice you should keep a record of the number of:

  • FPNs issued, cancelled, paid at a discount rate and paid at the full rate
  • prosecutions following non-payment of a FPN (whether the case is concluded or not)
  • prosecutions for solid fuel offences where a FPN was not offered
  • FPNs written off for other reasons (for example, procedural error, not in the public interest to pursue, alternative sanctions used)

You should also keep a record of:

  • total net income from FPNs for solid fuel offences
  • total spent on enforcement activity against solid fuel offences

Updates to this page

Published 16 February 2021
Last updated 1 May 2023 + show all updates

  1. Main a number of updates to the guidance - primarily following the fact that it is now illegal to sell traditional house coal for domestic use in England.

  2. Updated 'Wood and manufactured solid fuels rules' section with information about displaying product labels.

  3. First published.

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