A neighbour's high hedge: what the council can and cannot do
By the Offrano editorial team · · 4 min read
A row of fast-growing evergreens can take light from a garden and a house within a few years. Neighbour disputes about hedges were common enough for Parliament to create a formal complaints route in the Anti-social Behaviour Act 2003. It gives councils in England and Wales the power to order a hedge to be cut down to a reasonable height, but only for certain hedges, only after you have tried to settle things yourself, and never to remove the hedge altogether. This guide explains the procedure and its limits.
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What counts as a 'high hedge'
Part 8 of the Anti-social Behaviour Act 2003 lets councils deal with complaints about high hedges on land in their area. Government guidance sets out the tests. The hedge must be on land owned or occupied by someone else; be made up of a line of two or more trees or shrubs; be mostly evergreen or semi-evergreen; be more than 2 metres tall; and act as a barrier to light or access, even if there are gaps. Its height must harm the reasonable enjoyment of a home, or its garden or yard, that you own or occupy.
A single tree is not a hedge under the procedure, and deciduous hedges that lose their leaves in winter are not covered. A line of trees with significant gaps above 2 metres that stop it acting as a barrier does not qualify either.
Source: gov.uk
Try to settle it first
The council can reject a complaint if you have not taken all reasonable steps to resolve the dispute without it. In practice that means talking to your neighbour, writing to them, and considering mediation, and keeping a record of what you did and how they responded. Government guidance points to a leaflet on settling hedge disputes between neighbours.
Many disputes end at this stage, particularly if the conversation is about a reasonable height rather than removal, and if you offer to share the cost of cutting or give access from your side.
Making a complaint and paying the fee
Complaints go to the council for the area where the hedge is. Councils may set and charge a fee for handling them, and if the council accepts your complaint you will most likely have to pay it. Some councils offer reduced fees for people on low incomes or benefits. The council cannot make your neighbour repay the fee.
Your complaint should explain the steps you have taken to settle the dispute, the problems the hedge causes to your home or garden, why they are serious, and how the hedge affects your reasonable enjoyment of the property. Stick to facts and include evidence such as photographs and your correspondence.
- photographs of the hedge from your house and garden, with dates
- copies of letters or notes of conversations with your neighbour
- a plan showing the hedge, your windows and garden
- any calculation of the light lost, using the government's hedge height guidance
- the council's complaint form and fee, if required
Source: gov.uk
What the council can order, and what it cannot
If the council decides action is needed, it issues a formal remedial notice to the hedge owner, with a copy to you, stating what must be done and by when. The notice can require the hedge to be reduced to a height that puts the problem right and prevents it recurring.
The council cannot order the hedge to be removed, require anything that could kill or destroy it, or require it to be cut below 2 metres above ground level. It also cannot deal with problems caused by roots, such as subsidence; the legislation specifically excludes them. Both sides can appeal against the council's decision.
Cutting the hedge: timing and your own side
You can generally trim branches that overhang your side of the boundary, but not beyond it, and you should offer the cuttings back to the owner. Before any cutting, check for nesting birds: all wild birds, their nests and eggs are protected, and official guidance advises timing hedge work to avoid the breeding season. If the hedge is in a conservation area or protected by a Tree Preservation Order, additional rules apply.
For the work itself, a gardener with the right equipment and insurance is safer than a ladder and a hedge trimmer at height. On Offrano, a garden maintenance request goes to exactly one business in your area that buys it; we email you its name, address and phone number before it sees your details, and the request is free.
Source: gov.uk