Procedural Flowchart: Enforcement of the Clean Air Act 1993 (as amended by the Environment Act 2021)

Officer witnesses smoke from chimney (residential or commercial)Complaint received from resident

If witnessed by officer send initial warning letter (Letter 1.2)If complaint from resident send initial warning letter to subject (Letter 1.1) Check if property is in a Smoke Control Area, if yes – continue, if no – look at EPA 1990 statutory nuisance legislation                               

 

Witness emissions of smoke? Smoke emissions continuous for >15 mins
Send standard response to complainant, with diary sheets if required to target visits
Yes - Service Notice of Intent to the occupier of the property (Letter 2)

No – attempt to witness again (up to 2 more visits), if still not witnessed close case/ problem resolved