Gardeners could face fines up to a staggering £26,000 this summer if they don’t comply with certain laws.

From maintaining the height of your hedge to having a bonfire – many won’t be aware that they could be dealt a hefty fine as certain activities are subject to rules and regulations.

Here, gardening experts at Yell warn you about what to be aware of this summer to avoid these penalties.

What gardening laws should I be aware of?

Hedge height

Yell say that according to the Anti-Social Behaviour Act 2003, if your hedge exceeds two metres in height and obstructs your neighbours' light or view, they can file a complaint with the local council. If the hedge is deemed a nuisance, you will be required to trim it. 

Non-compliance with this can lead to fines of up to £1,000. If you have an issue with your neighbour's hedge, you should try to settle the dispute with them first by asking your neighbour to cut back the hedge or trees.

The council is unlikely to accept your application for a High Hedge Notice unless you've tried to sort it out with your neighbour first.

Cutting a neighbour's tree if it overhangs your garden 

Like hedges, trees often block light and sometimes start overhanging into your property. You have the right to trim branches that cross your property line, but only up to the boundary.

If there are overhanging branches on your side of the fence or wall, you can cut them back, but you should let the neighbour know and return the branches that you've cut off. 

Certain trees are protected by Tree Preservation Orders (TPOs) to maintain their environmental and aesthetic value. Before undertaking any work, such as cutting down or topping, it’s worth checking if they are protected with a TPO.

Unauthorised work on a protected tree can lead to fines of up to £20,000. In severe cases, unlimited fines can be granted. 

Garden bonfires

The Environmental Protection Act 1990 addresses issues related to smoke nuisance. Regular bonfires or those producing excessive smoke can be considered a statutory nuisance. 

If complaints are made and an abatement notice is issued, failing to comply can result in fines of up to £5,000 for domestic properties and £20,000 for business premises. 

Garden fence maintenance

Responsibility for maintaining garden fences usually depends on property deeds or agreements with your neighbours. It's essential to check your property documents or discuss with your neighbour to determine who is responsible for fence maintenance.

Neglecting these responsibilities typically does not result in fines, but resolving any conflict surrounding garden fences amicably can prevent any legal actions from being taken. 

Maintenance responsibilities: You're not obligated 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.

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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)

Experts at Yell added: “Gardening should be a relaxing and enjoyable activity, but it's essential to be aware of and comply with these lesser-known laws to avoid substantial fines.

“By staying informed and respectful of these regulations, you can enjoy your garden without the worry of legal repercussions.

“Always check local guidelines and seek advice if you’re unsure about any aspect of your gardening practices or contact your local gardener for more advice.”