Nuisance Caused by Wood Burning

Are you experiencing any nuisance from wood burning in wood-burning stoves or fireplaces in the area?

That’s always a nuisance. Especially if it causes you health problems, such as watery eyes, shortness of breath, or other allergic reactions. This is undesirable. Unfortunately, our municipality cannot quickly resolve the problem of the nuisance you’re experiencing. This is because there is no general nationwide ban on burning wood.  In principle, therefore, your neighbors are always allowed to burn wood. Furthermore, there are no clearly measurable emission standards regarding, for example, the number of smoke, soot, or other particulate matter or substances that a wood-burning stove or fireplace is permitted to emit. It is therefore unclear when wood burning demonstrably and measurably causes a nuisance.

What steps can you take to prevent nuisances caused by wood burning?

• Talk to the neighbors who are causing the disturbance. Often, your neighbors don’t even realize that their activities are causing a disturbance for you or others. A conversation can work wonders;
• If your neighbors are unwilling to talk with you, you may want to consider using our professional neighborhood mediation service. 
• If that doesn't work either, you may be able to hold your neighbors liable through the civil courts under the Law on Neighborly Relations (Book 5 of the Civil Code). To do so, however, you must be able to prove that the nuisance is intolerable.

How can you prevent nuisance caused by wood burning on your own?

As a user of a wood-burning stove or fireplace, you can also prevent disturbances to your neighbors and the surrounding area in advance by:

• Make arrangements with your neighbors regarding the times and duration of heating;
• Always be mindful of your surroundings when burning fuel. (For example, if you notice a (unintended) heavy smoke buildup, take appropriate action and adjust your burning practices);
• Do not burn in calm weather;
• Use only firewood intended for that purpose;
• Do not burn treated wood (such as wood that has been stained, painted, or leached) or use other harmful materials (synthetics, plastic, etc.)
• Before lighting a fire, firstcheck the Stookwijzer websiteto see if there is a negative heating advisory in effect for your area;

Can our municipality take enforcement action against nuisances caused by wood burning?

It is not possible to take enforcement action against normal wood burning. This is because everyone experiences nuisance differently. What is very annoying to one person is not always so for another.  That is why legal standards are often in place, so that it is objectively clear to everyone when an offense or nuisance has occurred—or has not. Unfortunately, there are no national substantive standards, specific prohibitions, or other rules governing normal wood burning.

Enforcement action against wood burning is therefore only possible in very extreme cases, when the nuisance is intolerable to everyone.

For example, it does apply to:

• The street is often filled with very thick, opaque blue or black smoke. This often indicates a malfunctioning chimney, incomplete combustion, or the use of unsuitable fuel.
• The chimney was not installed properly from a structural standpoint. As a result, it does not comply with the standards of the Building Code;
• Burning waste, refuse, or other unsuitable fuels;

For example, not in the following cases:

• Firing the stove just once:
• Do not burn for long periods of time;
• Proper fuel types
• White, transparent smoke/vapor;
• A properly installed chimney;
• Normal use.
• Cooking food on a barbecue or small oven;
• Fire pit;

So please avoid filing unnecessary reports. In 95% of cases, the issue does not constitute a nuisance that we can do anything about.

Be considerate of one another

To sum up, our advice is this: always be considerate of your surroundings and each other, and make clear agreements with your neighbors to prevent disturbances and neighborhood disputes. Nobody wants that.