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Home > Gardening News >

Are you breaking the law in your own garden?


From regulations on plant species to trampolines, a recent report from bespoke outdoor structure specialists, Open Space Concepts, has highlighted the most shocking gardening laws that most homeowners might be breaking without knowing.

Founder Jamie Jones explains: "The lack of awareness surrounding certain UK gardening laws can lead to unpleasant surprises for homeowners. Understanding these lesser-known regulations is not just about compliance but also about fostering relationships with neighbours and contributing to a peaceful community."

Troublesome Trampolines

Trampolines are a great way to keep kids occupied for hours, but under Article 8 of the Human Rights Act, bouncing too high can infringe on privacy rights and the constant creaking sounds of the trampoline can also see you being reported for noise complaints too.

To avoid these complaints happening consider the strategic placement of the trampoline, install or extend the height of fences, or plant tall trees to enhance privacy otherwise households could be faced with fines of up to £500 and the removal of the trampoline altogether.

Laws on Light

Make sure not to plant those trees too high though. Trees and hedges can be a great addition to gardens, but if they become tall enough to block the natural flow of light into your neighbours' windows, they have the right to press charges under the Rights of Light Act.

Under this act, neighbours who have enjoyed uninterrupted light for at least twenty years prior to the tree being planted can they have the right to request it to be cut down.

Be careful if you choose to take matters into your own hands by removing a tree or trimming its branches, as it may be protected by a tree preservation order. If permission is not granted by the council, homeowners can be fined up to £20,000.

Foliage Fallout

If you find yourself dealing with overhanging branches from a neighbour's tree you have a right to trim them to the edge of your property, but venturing any further could be considered trespassing.

If any branches fall into your neighbour's garden whilst you are trimming this can be classed as fly-tipping, with a fine of up to £400. If any end up causing damage then you can also be liable for the costs of repairs.

Council Costs

Outhouses, extensions or garden rooms and pods, can be great additions to create extra tranquil spaces in homes. But if you’re intending to build a garden room to sleep in or treat it as self-contained accommodation, then you must apply for planning permission with the council, as the addition of these structures may affect how much council tax you pay.

On occasions where planning application is required, then a planning fee of around £180 is payable to the council. But If you proceed without permission, you will have committed a planning breach and may be forced to revert the work at your own expense, or face prosecution.

Rooting out Risk

Certain plants in the UK such as Japanese Knotweed and Giant Hogweed can cause significant ecological and structural damage. Although removing them can prove difficult, if no action is taken and the weeds begin to spread outside of the property then homeowners can be looking at fines of up to £5,000 or even face a 2 year prison sentence.

You’re also not exempt to the cost of any damage or contamination from these plants if you’re renting a property. Lease agreements should be reviewed to see who holds the responsibility, and landlords should be informed immediately of any issues.

Forbidden Fruit

With 35 percent of adults in the UK admitting to growing their own fruit and vegetables at home, it can be tempting to try overhanging fruit from your neighbour's garden.

Make sure to seek permission before tucking into them, as harvesting without consent is considered as stealing and your neighbour is legally entitled to ask for it back. Even if the fruit has fallen into your garden naturally, it remains their lawful property.

To find out more, visit: Open Space Concepts

Latest News from garden.help

This story was published on: 18/08/2023

Image attribution: Open Space Concepts

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