Gardeners could face a harsh ‘unlimited fine’ if they break these 5 common laws (Image: Getty)
There are five little-known gardening laws that homeowners could be breaking without even realising, and could even result in an ‘unlimited fine’ if reported.
From putting down the decking to trimming your garden bushes and other basic gardening tasks, you’ll need to follow these easy-to-avoid but relatively unknown rules or risk being fined – or getting into a dispute with your neights.
With this in mind, Sam Jenkinson at has warned homeowners of the five common garden laws they could unknowingly be breaking.
A shed too high
The first rule highlighted by Sam covers the height and width of your shed, as you can’t cover more than 50% of your garden or be higher than 2.5 metres if it’s within 2 meters of your property’s boundary without planning permission.
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There are rules surrounding the size and use of garden sheds (Image: Getty)
Sam explains: “If your shed exceeds these dimensions, you risk being forced by the council to remove your garden building, which, if ignored, is considered an offence and can result in an unlimited fine.
“If you do want to build a shed that is taller than 2.5 metres, you will need to apply for planning permission from your local council or speak to a shed manufacturer as many companies can make reduced height versions of their designs if needed to be compliant.”
Decking too high
Similarly, there are rules regarding the height and width of any decking in your garden. Your local council may demand you remove or lower the decking if it is higher than 30cm above the natural ground level or if that covers more than 50% of your garden and you did not receive planning permission prior to building.
Sam warns that ignoring this demand could lead to a fine for failing to comply with an enforcement notice, which, if not complied with, can lead to an unlimited fine.
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Check you have permission before cutting down any overhanging branches (Image: Getty)
Sleeping in your garden building
“If you’re using your garden building, such as a log cabin or shed, for regular and frequent overnight accommodation without planning permission, your local council may not take too kindly to it,” explains Sam.
“The odd friend sleeping over on an informal, more occasional basis is less of an issue, but if you want to use your garden building as a permanent guest room (especially if you are charging for it), you’ll need to check building regulations and get planning permission as it may be considered a change of use.
“Failure to have the necessary permissions can lead to enforcement notices stopping the use, orders to dismantle the building and even substantial fines.”
Trimming branches
Trimming branches that overhand into your garden from your neighbour’s can lead not only to disagreements with the neighbour in question but can even lead to a fine of up to £20,000 – or an unlimited fine if it becomes a Crown Court cases.
You may be in violation of the Rights of Light Act if you block your neighbour’s window (Image: Getty)
Sam says: “When it comes to trimming branches that overhang from your neighbour’s garden into yours, only cut them up to the boundary line. You cannot step into your neighbour’s garden, as this may be considered trespassing, or cut any part of the tree that is within their property without their permission.”
He adds that it’s also important to check if a tree is covered by a Tree Preservation Order (TPO) or is in a conservation area, as permission from the local council would be needed before cutting any branches, even if they overhang into your garden.
A fine for breaching a TPO can reach up to £20,000 in a Magistrates Court, with the potential for unlimited fines in more serious Crown Court cases.
Blocking light
You could be risking legal action if you plant a tree or build a shed or other outhouse that blocks light to your neighbour’s house.
The Rights of Light Act states that if a window has received natural light for 20 years or more, neighbours can’t plant or allow trees to grow that will block light coming through it without risking legal action. The same applies to garden buildings if they obstruct light to a window.
Sam concluded: “While the Rights of Light Act does not directly impose fines, failure to comply with any legal judgments or court orders off the back of it can lead to financial consequences such as paying for damages or loss of property value. If you did want to plant a new tree, consider placing it in a corner of the garden far away from your neighbour’s house, or opt for something smaller.”