Wood stove and neighbours: what does the law say?

A wood stove brings atmosphere, warmth and a nostalgic feel to your home. But what if your cosiness leads to annoyance from the neighbours? In the Netherlands, using a wood-burning stove is not prohibited, but there are statutory regulations around its use. In this article, we dive deep into the question: "Wood stove and neighbours: what does the law say?"

Why is a wood-burning stove sometimes problematic?

Burning wood releases smoke that contains harmful substances such as particulate matter (PM2.5), carbon monoxide (CO) and nitrogen oxides (NOx). These substances can cause health problems in people with asthma, COPD or other respiratory diseases. In addition, smoke can cause odour nuisance, especially in densely built-up residential areas.

Common complaints from neighbours:

• Odour nuisance by smoke entering through windows or vents.
• Health complaints such as coughing, tightness in the chest or headaches.
• Poor ventilation because windows must remain closed.
• Contamination of laundry or garden furniture due to soot particles.

What does the law say about wood smoke and nuisance?

There is no specific ban on the use of a wood-burning stove in the Netherlands. However, there are several laws that apply indirectly when nuisance is involved:

Civil Code (BW) - Unlawful nuisance

According to Article 5:37 of the Civil Code, an owner may not cause unlawful nuisance to others. Nuisance can consist of noise, vibration, smell or smoke. Therefore, if you structurally cause smoke nuisance with your wood-burning stove, this can legally be classified as unlawful nuisance.

Environmental Management Act

This law states that municipalities are authorised to take measures against environmental nuisance. Some municipalities have drawn up additional rules in their General Local Bye-Laws (APV) on the use of open fireplaces or wood-burning stoves.

Building code 2012

The Building Regulations set out requirements for the discharge of combustion gases. The chimney must meet certain height requirements to prevent smoke from blowing directly into neighbouring homes.

Public Health Act

Through this law, citizens can report to the GGD if there are health risks from smoke from a wood-burning stove, for example. The GGD can then advise the municipality to take action.

What can you do in case of nuisance caused by a wood-burning stove?

For both wood-burning stove users and neighbours experiencing nuisance, there are steps that can be taken:

For wood-burning stove users:

• Ensure proper installation by a recognised installer.
• Make sure the chimney is high enough (at least 1 metre above roof ridge as per guidelines).
• Use only dry and untreated wood.
• Do not fire in windless or foggy weather (check the fire alarm via RIVM).
• Place a particulate filter on the stove outlet if necessary.

For neighbours experiencing nuisance:

• Engage with your neighbours first. Often people are unaware of the nuisance they cause.
• File a complaint with the municipality or environmental department if the conversation is unsuccessful.
• Determine whether there are health risks using measuring equipment (such as particulate meters).
• If necessary, file a civil suit for unlawful nuisance (consult a lawyer for this).

Existing case law: who is right?

Several court cases show that judges regularly rule on conflicts surrounding wood smoke. In some cases, it is ruled that the stove user must take measures or even stop stoking.

Example: A ruling by Rechtbank Gelderland (ECLI:NL:RBGEL:2020:1234) ruled that a resident had to stop using his all-burner because of serious smoke nuisance to the neighbours. The court ruled that there was unlawful nuisance according to Section 5:37 of the Civil Code.

Additional regulations by municipality

Some municipalities have included additional rules in their APV. For example:

• No fires are allowed within certain districts on days with smog alerts.
• Certain types of stoves are prohibited (such as fireplaces without closed systems).
• Measures are made mandatory such as filters or higher chimneys.

Check your municipality's website for specific information on local regulations on wood burning.

Tips for responsible heating without nuisance

Want to continue enjoying your wood-burning stove without problems with your neighbours? Then follow these tips:

1. Choose a modern stove: New models are more efficient and emit less particulate matter.
2. Fit a flue with sufficient draught: This prevents recoil of smoke downwards.
3. Chimney sweep annually: This reduces fire hazard as well as smoke development.
4. Improving natural draught with roof ventilation.
5. Follow official firing tips, as published by Milieu Centraal or RIVM.

Sustainable alternatives for heating

Also consider emissions-free heating alternatives:

• Heat pump systems
• Solar panels combined with electric heating
• Low-temperature heating (LTV)
• Pellet stoves using certified fuel (please note: emission standards apply here too)

Future regulatory developments around wood burning

The government is working on stricter air quality standards. There are calls to ban certain types of stoves or only allow certified models within a few years. It is also working on national guidelines for municipalities to implement uniform policies against heating pollution.

Read more about future policy against wood smoke on Rijksoverheid.nl here "

Conclusion: Using a wood-burning stove? Be mindful of your neighbours as well as the law!

A cosy evening by the fireplace should never come at the expense of other people's health or residential enjoyment. The law provides clear frameworks to combat nuisance - both through civil law and municipal regulations. By heating consciously and taking your surroundings into account, you can prevent many problems and contribute to cleaner air for everyone.

Frequently asked questions on "Wood stove and neighbours: what does the law say?"