Updated June 4, 2022
One of the most common questions we get asked here at MAX Fire Pits is about the legality of backyard fire pits and it’s easy to see why. So, can I have a fire pit in my backyard? The regulations and laws governing backyard fire pit usage vary from state to state, and they are often updated without warning, so it’s a bit of a minefield to make sure you are doing the right thing. The last thing you want to do is to illegally start outdoor fires when there are fire ban regulations in place and risk fines from your city council for creating a smoke nuisance.
With the COVID-19 pandemic pushing more of us to stay at home and with rolling lockdowns in most residential areas, we are tending to spend more time outside on the weekends, either cooking food or enjoying an outdoor fireplace.
As a result, fire pit usage has grown considerably over the last two years. And while this is great news, there has also been an increase in complaints surrounding open fire pits and smoke from neighbours, especially in more built up areas. Check our handy guide on how to reduce smoke from your fire pit.
With different states having control over the outdoor fire pit regulations, it’s easy to see why making sure you aren’t doing the wrong thing can be tricky to navigate. As our country is so diverse, changes in climate and environmental concerns vary state to state so a one-size-fits-all mentality is unlikely to be effective. The negative effects of excessive smoke and toxic fumes from a backyard fire pit can affect your neighbours and surrounding streets.
Ultimately, the regulations surrounding fires and fire pits in backyards are in place to protect both the fire pit owner, and the people who live around it. Keeping smoke to a minimum to make sure that people with lung conditions don’t suffer needlessly is one of the key factors, as well as reducing backyard fire pollution in more built up areas.
With a massive proportion of the population, New South Wales and the Greater Sydney region have a good reason for their regulations. With a lot of residents in built-up urban areas, making sure your backyard fire doesn’t cause any problems is essential. Also, during summer there are many rolling fire bans for commercial and recreational fires, so it’s important to make sure you are on top of the safety risk of building a fire.
Here’s the regulations for Sydney:
Reducing air pollution from fire pits
https://www.epa.nsw.gov.au/your-environment/air/open-burning-reducing-pollution
Don’t let your fire smoulder overnight
https://www.epa.nsw.gov.au/your-environment/air/reducing-wood-smoke-emissions/what-you-can-do-about-wood-smoke-pollution/dont-let-your-fire-smoulder-overnight
Wood smoke brochure
https://www.epa.nsw.gov.au/-/media/epa/corporate-site/resources/air/wood-smoke.pdf?la=en&hash=C0A04D2AE062DC81B00A878A80D0BA6A68FAB15B
As one of our coldest southern states, backyard fire pits in Victoria have become more and more popular since the pandemic started. Coupled with the fact that a lot of the suburbs of Melbourne are densely populated it’s not hard to understand how a backyard fire in suburban areas might cause a problem. It’s critical to follow the fire pit laws and make sure you are burning wood safely.
It’s surprising that it’s a little more difficult to find quality information on the regulations for fire pit usage in the Melbourne City area than the other states. Perhaps they are working on upgrading access to this info or working with the local fire department to refine the guidelines. Either way, keeping up to date with current fire bans is important if you don’t want to cop a nasty fine from council.
Here’s a list of resources for the Melbourne area:
City of Melbourne Local Laws
https://www.melbourne.vic.gov.au/residents/local-laws-permits/Pages/local-laws.aspx
CFA Fire Pit Permits Website
https://www.cfa.vic.gov.au/warnings-restrictions/fire-permits
Find Your Fire District
https://www.cfa.vic.gov.au/warnings-restrictions/find-your-fire-district
Here’s the fire pit restrictions for the Geelong area
https://geelongaustralia.com.au/em/fires/article/item/8cb453507b04082.aspx
With each local council area having ultimate control over the regulations for a recreational fire, there are quite a few different nuances based on where you live.
Here’s a guide for the Brisbane City Council area:
Guidelines for braziers and camping fire pits
https://www.brisbane.qld.gov.au/clean-and-green/natural-environment-and-water/air-quality/brazier-and-fire-pit-use#guidelines
Minimising smoke from a recreational fire
https://www.brisbane.qld.gov.au/laws-and-permits/complaints-and-fines/noise-air-light-and-water-complaints/air-and-odour-complaints/smoke-ash-and-fumes-complaints/minimising-smoke-from-backyard-burning
Fire pit smoke, ash and fumes complaints
https://www.brisbane.qld.gov.au/laws-and-permits/complaints-and-fines/noise-air-light-and-water-complaints/air-and-odour-complaints/smoke-ash-and-fumes-complaints
With some of the coldest weather in the country, Tasmania is the perfect place to have a roaring fire pit. Most homes in this state have fireplaces inside their homes, but what are the regulations for having an open fire pit outside? Here’s a list of resources to make sure you are following the guidelines and doing the right thing.
Tasmanian Fire Service
Tasmania Parks and Wildlife Service
https://parks.tas.gov.au/explore-our-parks/know-before-you-go/campfires-and-fire-restrictions
Hobart City Council
https://www.hobartcity.com.au/Residents/Backyard-burning
You only want to use dry, seasoned wood in any outdoor fire. Leaves, green branches or wood with a high moisture content can create a lot of excessive smoke that will annoy your neighbours and cause problems. It’s critical that when planning to light any recreational fires, that you burn wood that is suitable, even it means purchasing from a local supplier.
The first thing to remember is that everyone has a right to live a comfortable life and be safe in their own homes, so if your smoke is annoying them its always a good idea to take it seriously and try to do the right thing by your neighbours. Maintaining good air quality is especially important with those with underlying health conditions such as asthma or emphysema.
My family cherishes our adventures around Australia and we take our collapsible fire pit everywhere with us, for warmth and a great way to cook outdoors.
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