From regulations on plant species to laws regarding how high you can bounce on a trampoline (yes, really), there are a number of shocking garden laws that you might be breaking without even realising.
The lack of awareness surrounding certain lesser-known UK garden laws can lead to unpleasant surprises for homeowners – including hefty fines and even criminal convictions – so it’s important to make sure you’re in the know.
In this article, we reveal 6 of the most obscure garden laws that you might not know you’re breaking to help you avoid landing yourself in trouble with your neighbours – and with the law.
At Open Space Concepts, we have over 25 years of experience in installing bespoke outdoor living structures that comply with garden laws and regulations, bringing your outdoor space to life with modern awnings, stylish glass rooms, and more.
Make an enquiry today and enjoy your outdoor space all year round with our innovative all-weather solutions.
1. Troublesome trampolines
Trampolines are a great way to keep your kids occupied, but did you know that bouncing too high could violate your neighbours’ privacy rights under Article 8 of the Human Rights Act? And if that’s not enough, the constant creaking sounds of the trampoline could also lead to you receiving formal noise complaints.
Households that fail to comply with garden laws regarding trampolines could be faced with fines of up to £500 and the removal of the trampoline altogether – a hefty price to pay for something that you’d probably never even realised was an issue until now.
To avoid these complaints, think carefully about the placement of your trampoline and ensure it is not too close to neighbouring properties. Alternatively, you could install or extend the height of fences to give your neighbours a greater level of privacy.
2. Laws on light
Trees and hedges can be a great addition to your garden – but if they become tall enough to block the natural flow of light into your neighbours’ windows, your neighbours 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 have the right to instruct that it be cut down.
However, if you are the affected party, you need to be careful about taking matters into your own hands by removing a tree or trimming its branches. This is because the tree may be protected by a tree preservation order – if permission is not granted by the council, you could be fined up to £20,000 for removing the tree.
3. Foliage fallout
Many of us have experienced trees from neighbouring gardens creeping over the fence into our own gardens, and it can be irritating to say the least.
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. However, venturing any further could be considered trespassing according to UK garden laws.
What’s more, if any branches fall into your neighbour’s garden whilst you are trimming, this can be classed as fly-tipping. Flying-tipping can result in a fine of up to £400, and if any damage is caused by the falling branches then you could also be liable for the cost of the repairs.
4. Council costs
Outhouses, extensions, or glass rooms can be great for creating additional living space in your home. But if you intend to use this additional room as self-contained accommodation, then you must remember to apply for planning permission with the council. This is because the addition of these structures may affect how much council tax you pay.
On occasions where planning application is required, a planning fee of around £180 must be paid to the council. 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.
5. Rooting out risk
Certain plants in the UK, such as Japanese Knotweed and Giant Hogweed, can cause significant ecological and structural damage, so it’s no surprise that there are such strict garden laws surrounding these invasive species.
Removing them can prove difficult, but if no action is taken and the weeds begin to spread outside of your property then you could face fines of up to £5,000, or even a 2-year prison sentence.
Even if you’re renting a property, you may still be liable for the cost of any damage or contamination caused by these invasive plants. You should review your lease agreement to see who holds the responsibility and inform your landlord immediately if you notice any invasive weeds on the property.
6. Forbidden fruit
With 35 percent of adults in the UK growing their own fruit and vegetables at home, it can be tempting to eat overhanging fruit from your neighbour’s garden.
However, you must make sure to seek permission from your neighbours before tucking into them, as harvesting without consent is considered stealing according to UK garden laws.
Even if the fruit has fallen into your garden naturally, it remains your neighbour’s lawful property and they are legally entitled to ask for it back.
Make the most of your garden with Open Space Concepts
There are a number of garden laws that you need to bear in mind, but that shouldn’t stop you from enjoying your outdoor space to the fullest.
Open Space Concepts’ modern outdoor living structures require no planning permission, so you can get straight to creating your dream outdoor space without any of the fuss.
Discover our fantastic range of case studies – from sloping pergolas to Louvre pods.
Alternatively, contact us today to get the ball rolling with your bespoke project.
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About
First established in 2018 Open Space Concepts is built on the strong foundations of 25+ years industry experience, creating and installing the vast majority of structures available today from all over the world. With innovative, bespoke all weather solutions for domestic and commercial properties, Open Space Concepts prides itself on producing the highest quality structures – each proven to last in the hottest summers and the harshest of winters.
Tried, tested and trusted, the team have installed over 2,200 structures for customers up and down the country, which has led them to become one of the most trusted outdoor living companies in the UK.
Sources
- https://www.openspaceconcepts.co.uk/
- https://www.citizensadvice.org.uk/law-and-courts/civil-rights/human-rights/what-rights-are-protected-under-the-human-rights-act/your-right-to-respect-for-private-and-family-life/
- https://www.gov.uk/government/publications/rights-to-light
- https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
- https://www.woodlandtrust.org.uk/blog/2021/03/tree-cutting-permission/
- https://www.gov.uk/government/news/new-penalties-to-crack-down-on-fly-tipping
- https://www.openspaceconcepts.co.uk/#:~:text=For%20most%20of%20our%20structures,located%20within%20a%20conservation%20area.
- https://www.gov.uk/council-tax
- https://www.kslaw.co.uk/site/knsplanninglaw/your-planning-project/do-i-need-planning-permission/without-planning-permission/
- https://japaneseknotweed.co.uk/japanese-knotweed-and-the-law/
- https://docs.cdn.yougov.com/y2gocbjw93/YouGov%20Big%20Survey%20Results%20-%20Food.pdf
- https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints
