Now that summer is almost coming to an end, gardeners will be turning their attention to the final bits of maintenance in their outdoor spaces before autumn arrives
11:07, 22 Aug 2025Updated 11:27, 22 Aug 2025
It’s illegal to cut back certain hedges between certain dates [stock image](Image: ArtistGNDphotography via Getty Images)
Gardeners have been warned against breaking the law when pruning hedges before September or risk facing imprisonment and an ‘unlimited fine’.
As summer draws to a close and another scorching spell passes, those tending their gardens should focus on completing final maintenance tasks in their outdoor areas before autumn sets in.
However, if you’re considering cutting back your hedges, you could find yourself violating environmental legislation designed to safeguard birds. Agricultural hedgerows are prohibited from being cut between April 1 and August 31 entirely, except under exceptional circumstances requiring special permission.
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Whilst it remains lawful to trim residential garden hedges during this period, causing harm to or destroying a bird’s nest – whether deliberately or accidentally – still constitutes a legal breach, reports the Express.
Specialists at Husqvana clarify: “Under Section 1 of the Wildlife and Countryside Act 1981, it’s an offence to intentionally damage or destroy a wild bird’s nest while it is being built or in use. That includes consciously using a hedge trimmer when there is a bird’s nest in your hedge, and in the process of doing so, causing the nest to be damaged or destroyed.”
The Royal Society for the Protection of Birds supports this position. The organisation states that individuals violate the law by deliberately damaging a bird’s nest whilst it’s occupied or under construction, and this encompasses hedge trimming activities, explaining: “The moment it becomes active, it is illegal to destroy it.”
Breaching this legislation could result in an unlimited fine and up to six months behind bars at the maximum penalty, and it’s also why farmers are prohibited from cutting hedgerows between March 1 and August 31.
However, from September onwards, it becomes lawful for farmers and there’s far less chance you’ll disturb a nesting bird or its eggs in your garden.
The RSPB states: “The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both. Suffice to say, it is certainly not a risk worth taking.”
What happens if you destroy a bird’s nest
Wildlife specialists Arbtech clarify how the legislation is enforced in reality. They explained: “Pieces of environmental legislation such as the Wildlife and Countryside Act 1981 as amended are regulated by a combination of the police, Natural England / Natural Resources Wales / Scottish Natural Heritage (based on location), the Environment Agency, the Joint Nature Conservation Committee, the Food, Farming and Countryside Commission (FFCC), the local authorities, the Partnership of Action against Wildlife Crime (PAW), various public bodies, and relevant organisations based on the endangered species in question.
“Once an action breaking the rules of the Act has been carried out, the offence will inevitably result in a police investigation. The police will enforce part 1 of the Act, as it focuses on the fundamental wildlife protection over wildlife species and what exactly necessitates a breach of the rules.
“In fact, dedicated departments of the police specialise in breaches of environmental and wildlife laws, such as the National Wildlife Crime Unit (NWCU) and Wildlife Crime Officers (WCOs).
“Any law relating to the environment and wildlife are taken just as seriously as any other piece of active legislation. Even in respect of a breach of the Act involving a single animal or habitat, the person responsible would be liable to pay a potentially unlimited fine, spend up to six months in prison, or possibly even both.”
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