There are rules you need to stick to (Image: Organic Media via Getty Images)
As spring beckons gardeners back outdoors, many may be oblivious to obscure gardening laws that could incur fines of up to £26,000. Yell is encouraging homeowners to familiarise themselves with these regulations now to avoid potentially hefty penalties amounting to as much as £26,000.
From hedge height to trimming overhanging branches from a neighbour’s tree, there are rules that all homeowners and tenants should be aware of.
Hedge height
While hedges can offer privacy and enhance the aesthetic appeal of your garden, they can also block light and become problematic during the summer months. Under the Anti-Social Behaviour Act 2003, if your hedge exceeds two metres in height and obstructs your neighbours’ light or view, they have the right to lodge a complaint with the local council.
If the hedge is deemed a nuisance, you will be ordered to trim it. Failure to comply with this can result in fines of up to £1,000.
If you’re having issues with a neighbour’s hedge, it’s advisable to try and resolve the matter directly with them first by asking them to cut back the hedge or trees. The council is unlikely to accept your application for a High Hedge Notice unless you’ve attempted to address the issue with your neighbour first.
Height can be an issue between neighbours (Image: Westend61 via Getty Images)
Read more: ‘Our newborn died days after I was told my pain was trapped wind’
Read more: New rule change means ‘never buy’ type of train ticket
Trimming a neighbour’s overhanging tree
Similar to hedges, trees frequently obstruct light and occasionally begin encroaching on your property. You are entitled to prune branches that extend across your property boundary, but only up to that line.
Should there be overhanging branches on your side of the fence or wall, you may trim them back, though you should inform the neighbour and return the branches you’ve removed.
Particular trees are safeguarded by Tree Preservation Orders (TPOs) to preserve their environmental and aesthetic significance. Before carrying out any work, such as felling or topping, it’s advisable to verify whether they are protected with a TPO.
Each month, roughly 1,900 Britons search for the phrase “tree preservation order”. Unauthorised work on a protected tree can result in fines of up to £20,000. In serious cases, unlimited fines can be imposed.
Garden bonfires
While during the summer months, it may be appealing to arrange a small campfire or garden bonfire, they must not create a nuisance to your neighbours. The Environmental Protection Act 1990 addresses matters relating to smoke nuisance.
Frequent bonfires or those generating excessive smoke can be deemed a statutory nuisance. Should complaints be lodged and an abatement notice be issued, failure to comply can lead to fines of up to £5,000 for domestic properties and £20,000 for business premises.
Garden fence maintenance
Responsibility for maintaining garden fences typically depends on property deeds or arrangements with your neighbours. It’s vital to examine your property documents or speak with your neighbour to establish who is responsible for fence upkeep.
Failing to meet these obligations generally does not lead to fines, but settling any disputes concerning garden fences amicably can prevent legal proceedings from being initiated.
Using your own barrier: You can utilise a barrier or fence on your property as you wish, provided it’s safe. Your neighbour cannot use it without your permission. For instance, your neighbour cannot attach climbing plants to your fence without your consent.
Jointly owned fences: If a fence is shared, both neighbours can use it, such as for supporting plants, as long as it doesn’t compromise safety.
Maintenance responsibilities: You’re not required to repair your fence unless specified in your property’s deeds. However, if your fence causes injury or property damage, you could be held liable. Keeping your barrier in good condition is therefore in your best interest to avoid potential legal issues.
The total potential fines
If you were to incur the maximum fines for all these, the total could reach an alarming £26,000. Here’s the breakdown:
Hedge height regulations: £1,000
Tree Preservation Orders: £20,000
Bonfires and smoke nuisance: £5,000 (domestic properties)
Ensure our latest headlines always appear at the top of your Google Search by making us a Preferred Source. Click here to activate or add us as your Preferred Source in your Google search settings.
Comments are closed.