Homeowners warned ‘2 metre garden rule’ could land £1,000 fine

Homeowners across the UK are being warned that overgrown hedges on their property could lead to official complaints and potentially a £1,000 fine

The matter is covered by government legislation specifically designed to address excessive shrubbery over 2m tall that may interfere with a neighbour’s enjoyment of their property

Under official government guidance, Part 8 of the Anti-social Behaviour Act 2003 grants councils the authority to examine complaints regarding problematic hedges

The legislation is applicable when a hedge consists of two or more evergreen or semi-evergreen trees or shrubs and exceeds 2m in height

In other words, it might be wise to reach for the hedge trimmers sooner rather than later

The government states that councils must initially assess whether the hedge is impacting a neighbour’s “reasonable enjoyment” of their property or garden

Should this be the case, they are empowered to serve a remedial notice compelling the hedge owner to cut it back without delay and take steps to prevent the issue from happening again

That said, councils are entitled to reject complaints if neighbours haven’t first made an effort to sort things out between themselves, according to GOV

This means mediation and informal dialogue are anticipated before any official proceedings commence

Local authorities also impose fees for processing complaints about tall hedges

Sevenoaks District Council, for example, charges £650 to investigate a high hedge complaint under its current service arrangements

Sevenoaks District Council stipulates that applicants must provide proof they have made efforts to resolve the dispute before submitting a formal complaint

It also warns that the charge is payable regardless of whether the complaint succeeds or any further action is taken

UK, councils assess whether a hedge is blocking light or access and whether it is interfering with the “reasonable enjoyment” of a property

If the complaint is upheld, they can serve a legally binding remedial notice requiring action within a set period

Failure to comply with a remedial notice is a criminal offence, the government confirms

Government guidance states that offenders can be fined up to £1,000, and councils can also enter the land to carry out the required work themselves

The legislation also makes clear that councils cannot compel hedge removal or reduce a hedge below two metres in all cases

Decisions are made by weighing up both neighbours’ interests and the effect on the wider area

Experts say rows over hedge height are among the most common neighbourhood disputes in the UK

While most are resolved informally, official involvement can prove expensive should matters progress to council enforcement