HOMEOWNERS are being warned they could face an unlimited fine if they break a little-known law while sprucing up their garden.
With the warmer weather slowly returning, many people may be thinking about keeping their gardens in check.
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But a gardening expert has said you should be aware of the Wildlife and Countryside Act 1981 before trimming your hedges.
The law prevents people from disturbing or destroying wild birds’ nests.
Those who are found to have broken the law could face an unlimited fine in the thousands of pounds – or even up to six months in prison.
Luke Dejahang, gardening expert and CEO of Crown Pavilions, told The Sun: “This could potentially affect the average homeowner, especially if they are unaware of the regulations and unintentionally breach them.
“For example, trimming hedges during the bird nesting season without checking for active nests could lead to legal issues, but being informed will ensure that homeowners won’t be as affected by any unintentional violations.”
What you need to know about the law
Nesting birds are protected under the Wildlife and Countryside Act 1981.
Luke says that “any form of damage or destruction to these nests is illegal”, so you must be very careful not to disturb them.
The bird nesting season in the UK officially runs from the start of March to August, with the peak period being from March to July.
To avoid disturbing any nests, you should check for them before you start trimming.
There are also rules around trimming hedgerows during this period.
Between March 1 and August 31, you shouldn’t cut or trim a hedgerow that is more than 20m long with gaps of 20m or less in its length.
You should also avoid cutting hedgerows that are less than 20m long but meet another hedgerow at each end.
This includes hedges that grow on farming land used for agriculture.
There are some exceptions for cutting hedges on private properties.
These are if:
- The hedge overhangs a motorway, road, or footpath and poses a risk to public safety
- The hedge is obstructing the view at a junction or entrance, creating a safety hazard
- The hedge is obstructing pedestrians or vehicles
- The hedge is dead, diseased, or poses a risk of spreading disease to other plants
- There is confirmation that there are no birds present in the hedges.
Even if your hedge does meet these exceptions, you will still need to check there are no birds nesting there.
What penalty could you get?
Luke says breaching the environmental protection law could result in “significant penalties”.
According to the Crown Prosecution Service, most offences under the Wildlife and Countryside Act are considered “summary only”.
These are minor criminal offences that are tried in a Magistrates’ Court.
Someone guilty of breaching the Wildlife and Countryside Act could be subject to either six months’ imprisonment or a level five fine, or both, the CPS says.
A level five fine is unlimited, the Sentencing Council says.
Given that a lesser level four offence can result in a fine of up to £2,500, it’s safe to say a level five fine could see you paying out thousands.
The RSPB says: “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.”
And there are other gardening mistakes that could earn you a fine – see our full list below.
Gardening mistakes that could get you fined
Gardening experts over at Toolstation have revealed the garden laws you need to be aware of not breaking.
While some of these laws could land you with a fine of up to £20,000 in extreme cases, a friendly chat with your neighbours can usually resolve any issues.
Tree removal and pruning: If you have a tree in your garden you want to get rid of you better think twice and do your research.
The gardening experts reveal: “If one neighbour wishes to remove or heavily prune a tree that the other neighbour values, disputes can arise over the impact on the view, shade, or privacy. “
While it might cause a row, if it is in your property boundary it is ultimately your choice, unless it has a Tree Protection Order on it.
“But, some trees may be protected by a Tree Protection Order which makes it an offence to uproot, top or destroy them, the experts warn.
The maximum fine for breaking this law is £20,000, so make sure you double check if it does have a TPO.
You can find out by contacting your local council for a map that shows this information. Alternatively, you can ask to speak with your local tree officer.
Property boundaries and fences: One of the main causes of neighbours falling out is through arguing over property boundaries and fencing.
To avoid this situation, the gardening pros recommend checking the deeds of your property to determine the correct boundaries
“Most of the time, it’s easy to determine who owns the fence as the fence posts will usually be on the owners side,” they add.
“Additionally, the height of fences or hedges can cause disputes between neighbours if one party feels the height has exceeded the two metre guidance.
“Hedges and fences should be no more than two metres high, and you could be asked by the council to take them down if a neighbour complains about the height.
“Luckily, standard fence sizes are less than two metres tall so you shouldn’t have a problem.”
Garden structures and additions: A pergola is the perfect addition to a garden if you want somewhere to relax in the shade.
But if it obstructs your neighbour’s view or violates local building regulations it could cause a dispute, as can sheds and other garden structures.
“If you’re not sure, have a chat with your neighbours to let them know what you’re planning and, if there’s an issue, get in touch with your local council who can give you more guidance,” advise the gardening experts.
Overhanging branches and plants: “When branches, vines, or roots from one neighbour’s tree or plant extend into the neighbouring property, it can lead to disagreements over potential damage to structures, blocked views, or the burden of maintenance,” reveal the pros.
However, it’s important to note you can only trim overhanging branches up to the boundary of your property otherwise, it could be seen as trespassing.
You can climb into the tree to carry out the work if needed, but only on your property and make sure to stay on your side of the fence if you don’t have permission to enter your neighbours garden.
