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Can I have a fire in my backyard in Victoria?
Can I have a fire in my backyard in Victoria? Yes, in most cases. A fire for cooking or warmth needs no permit if it's in a properly constructed fireplace, and fire pits count. The rules tighten fast in summer, so here's what changes and when.
State Regulations for Open Air Fires
The Country Fire Authority (CFA) sets the state-wide rules. Outside the Fire Danger Period, a fire used for cooking or warmth doesn't need a permit, provided it burns in a properly constructed fireplace. The picture changes once restrictions are declared, so it pays to know which type of fire you're lighting.
Burning off green waste versus recreational use
The two are treated very differently. Burning off garden waste in the open is classed as open-air burning, and that needs a permit. A recreational fire for cooking or warmth doesn't, as long as it's contained in a proper fireplace.
Planning a burn-off? Apply for a permit first and check your council's local laws, because councils add their own rules on top of the CFA's.
Are fire pits allowed in backyards?
Yes. The CFA counts fire pits, chimineas and braziers as properly constructed fireplaces, so you can use one for cooking or warmth without a permit. Your council can still add conditions, especially around smoke, so check its local laws before your first burn.
Navigating the Fire Danger Period and Total Fire Bans
During the declared Fire Danger Period, fire pits follow the CFA's campfire rules. On days of Total Fire Ban, every solid fuel fire is banned, including fire pits, braziers and wood-fired pizza ovens. Gas, LPG and electric appliances are generally still permitted under conditions, which makes them a handy backup in summer.
How big can a fire be without a permit?
No permit hinges on size for a cooking or warmth fire in a proper fireplace, but keep it modest. During the Fire Danger Period the campfire rules apply strict conditions, and burn-offs of any size need a permit. Check the current rules on the CFA's Total Fire Bans and Fire Danger Ratings page before you light up.
Local Council and Environmental Laws
State rules are only half the story. Councils layer their own local laws on top, and smoke nuisance is the big one. A fire that's legal under CFA rules can still draw a complaint if smoke drifts into a neighbour's place. If you're unsure, ring your council and get the answer in writing.
Minimising smoke drift and selecting approved fuels
Fuel choice does most of the work here. Burn dry, seasoned wood only. Treated or painted timber, plastic and household rubbish are banned, and they make foul smoke anyway. Damp or green wood smoulders badly, so store firewood under cover.
Think about the neighbours before you strike a match. Light up when smoke can rise and clear rather than drift over the fence. If smoke is a constant headache in your area, a smokeless fire pit cuts it right down.
Essential Safety and Placement Guidelines
Most fire pit trouble comes from where the pit sits, not the flames themselves. A few simple habits keep the night relaxed.
Clearances, supervision and extinguishing procedures
Stand your fire pit on paving, concrete or a fire mat. Never put it on timber decking or dry lawn. Keep a generous clear zone around it, free of overhanging branches and anything flammable, and follow the CFA's current clearance guidance.
Someone should watch the fire the whole time it's alight, with water close by. When you're done, drown it until it's cold to the touch. Thinking about a deck? Read our guide on whether you can put a fire pit on a deck first.
Upgrading your outdoor heating setup
If the rules have you rethinking a makeshift fire, an upgrade might be the answer. A well-built pit is easier to manage and produces far less smoke than an open ring of bricks.
What are the different types of outdoor fire pits?
Cast iron pits are heavy and hold heat well. Steel pits are lighter and cheaper, though budget ones can rust. Smokeless pits use secondary combustion to burn off most of their smoke, which neighbours appreciate. Gas fire tables skip wood altogether, and gas appliances are generally still permitted on Total Fire Ban days under conditions.
Where to check the current Victorian rules
Fire Danger Period dates and Total Fire Ban declarations change through the season, and the state sets them, not us. Before you light anything, check the CFA's Total Fire Bans and Fire Danger Ratings page for the current declaration in your district, then confirm your own council's local laws.
This article is general guidance on choosing and placing a fire pit, not legal advice. Where a decision turns on whether a fire is permitted on a given day, the CFA and your council are the authorities, not a retailer. Ring Hayden on 1300 515 620 if you want help choosing a pit that suits the restrictions where you live.
Browse the My Acre range of fire pits to find one that suits your space and your council's rules. Wood or gas, there's an option that keeps the backyard warm without the paperwork.
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