Enforcement of smoke control areas (SCAs) in Wales moved from criminal sanctions to civil monetary penalties at the end of July 2025, under the Environment (Air Quality and Soundscapes) (Wales) Act 20241. The change applies to anyone found to be emitting smoke from a chimney within an SCA in Wales1.
Penalties range from a minimum of £175 to a maximum of £300 per notice of intent, and multiple evidenced offences can lead to multiple penalties1. Councils may keep any income from these financial penalties and have been given freedom to develop and document their own policy on them, taking into account the seriousness and repetition of the smoke emissions1. The civil standard requires enforcement officers to apply the balance of probabilities, rather than the criminal standard of proof beyond all reasonable doubt1. Councils are still required to collect evidence that smoke is being emitted from a chimney, which can come from neighbours or from enforcement officers, including photographs or video1.
The Welsh Government's step-by-step guidance for councils sets out an advice-led sequence1:
| Step | Action |
|---|---|
| 1 | Speak to the householder or business, offering advice |
| 2 | Issue an improvement notice (not a legal requirement) |
| 3 | If emissions continue, issue a notice of intent |
| 4 | Issue a final notice with a financial penalty, up to £300 per notice of intent |
"These changes also include the removal of exceptions included in the Clean Air Act 1993 where if an individual used an appliance or fuel that had been approved by Welsh ministers, then they would not be subject to a criminal sanction."
Those exceptions were not carried over into the civil regime, so using an approved appliance or fuel no longer provides an exemption1. Welsh councils are now also required to publish annual progress reports, including air quality monitoring results and updates on pollution reduction plans1. HETAS notes that a small section of some of the most heavily populated areas of Wales are SCAs1.
Why it matters for households
For a household inside a Welsh smoke control area, the practical exposure changes rather than the underlying rule: smoke from a chimney remains the trigger, but the route to a penalty is now civil, which lowers the evidential bar councils must meet1. The removal of the approved appliance and fuel exceptions means that a stove or fuel previously treated as exempt no longer shields a householder from enforcement1. Penalties are levied per notice of intent, so repeated or continuing emissions can accumulate charges between £175 and £300 each1. Because councils set their own penalty policies and keep the income, the approach taken can differ between local authority areas, and the published annual reports give a view of local air quality monitoring and reduction plans1. The fine for burning unauthorised fuel in a smoke control area is set out in our guide to unauthorised fuel penalties, and the wider split of powers between Cardiff and Westminster is covered in energy and buildings policy in Wales. Homes in the social rented sector also sit within the Welsh Housing Quality Standard, while fixed installations and alterations are governed by building regulations in Wales.
What happens next
Councils are required to publish annual progress reports covering air quality monitoring results and pollution reduction plans1. No commencement date beyond the end of July 2025, and no further implementation timetable, has been reported1.