John Howe & Co

LEGAL WARNING AS STRICTER WOOD BURNER RULES KICK-IN

14/03/2022

Experts at West Yorkshire-based law firm, John Howe & Co, are warning people buying a property with a wood-burning stove or thinking of having one installed to be mindful of tougher clean air regulations.

The caution comes as people consider alternative forms of heating after tens of thousands of households suffered lengthy power cuts as a result of the recent severe storms.

Flout the rules and it could prove to be a costly mistake, warns John Howe, of the Pudsey law firm.

Consumers and homeowners need to be aware that, while wood burning stoves are not banned, from the beginning of this year all newly manufactured wood burning, multi-fuel stoves and fireplaces must adhere to strict guidelines called eco-design.

The installation of a wood burning stove already requires building regulation compliance certification from the installer. If a Heating Equipment and Testing Approval Scheme (HETAS) registered installer is used a HETAS certificate needs to be issued.

A person buying a property with a wood burning stove already in situ must obtain the appropriate paperwork from the seller during the conveyancing process.

If the stove has been installed recently it will be necessary to ensure it meets the new, more stringent standards.

A property buyer also should establish whether the fuel burnt in an existing stove is of an acceptable type. The two most polluting fuels - wet wood and house coal - are being phased out. Instead, cleaner, but probably more expensive, alternatives, such as dry wood and manufactured solid fuels, must be used.

Another complication for house buyers is smoke control areas. A check should be made, as part of the local searches, to find out if a property is in such an area. If it is, only Department for Environment, Food and Rural Affairs (DEFRA) approved smoke-exempt wood burners can be fitted. If this rule is breached householders run the risk of a fine of up to £1,000.

John Howe said: "People have become aware how vulnerable electricity supplies can be in severe storms, which have become more a regular feature of our weather in recent times

"This was brought home by media reports on the damage caused by Storms Arwen, Dudley and Eunice among others. These featured people living in freezing conditions without heat or light, while those that had wood-burning stoves at least were able to keep warm.

"However, people need to know that there now are much stricter regulations if they are buying a house with a wood-burner already installed or are thinking of having one fitted to maintain continuity of heat in the event of a storm.

"Wood burners generally are a positive addition to a home, but it is important to ensure that they, and the fuel burnt in them, meet with the increasingly stringent clean air requirements. Failure to comply could be an expensive mistake."

He added: "If in doubt about any aspects of the tougher rules, people should speak to experts in the property and heating installation fields."

ENDS

NEWS RELEASE: ISSUED ON BEHALF OF John Howe & Co

CONTACT: Caroline Walker on 01325 363436

Notes to editors:

Established in 1994, John Howe & Co is a specialist and independent firm of solicitors. We offer a comprehensive range of legal advisory services to private individuals and businesses across many diverse sectors.

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