Part 8 of the Anti-social Behaviour Act 2003 lets a home owner or occupier in England or Wales ask the council to deal with a neighbour’s high hedge, but only where a strict legal test is met and reasonable efforts to settle the matter have failed. The GOV.UK guidance summarised here is written for England; Wales follows the same Act with its own fee and appeal arrangements.
What counts as a high hedge
Section 66 defines a high hedge as so much of a barrier to light or access as is formed wholly or predominantly by a line of two or more evergreens and rises to a height of more than two metres above ground level. “Evergreen” includes semi-evergreen trees and shrubs. A line of evergreens is not treated as a barrier if gaps at heights above two metres significantly affect its overall effect as one.
The GOV.UK guide adds that the hedge must be growing on land owned or occupied by someone else, that a single tree or shrub cannot be the subject of a complaint, and that height is measured from ground level. It explains that a semi-evergreen keeps some live or green leaves all year, so a privet hedge that loses all its leaves in winter does not qualify, nor do beech or hornbeam hedges that keep dead leaves.
Trying to settle the dispute first
Under section 68, a council may decide that a complaint should not proceed if the complainant has not taken all reasonable steps to resolve the matter without involving the authority, or if the complaint is frivolous or vexatious. The GOV.UK guide points complainants to its “Over the garden hedge” publication for the steps to take before complaining.
How the council decides
If a complaint proceeds, section 68 requires the council to decide whether the height of the hedge is adversely affecting the complainant’s reasonable enjoyment of the domestic property and, if so, what action should be taken. The guide says the council will invite the neighbour to set out their case, visit the site and weigh all relevant information, including effects on the neighbourhood.
A fee may be charged. Section 68 says the fee must not exceed the amount set in regulations, made by the Secretary of State for hedges in England and by the Welsh authority for hedges in Wales. The guide says the fee is not usually refunded even if the complaint succeeds and that the council cannot make the neighbour repay it.
What a remedial notice can and cannot require
If action is needed, the council issues a remedial notice to the neighbour, with a copy to the complainant, setting out what must be done and by when. The guide says the legislation does not set a standard height, that the notice may require the hedge to be kept at the new height, and that the time allowed could be weeks or months, with extra time possible to protect nesting birds.
The council cannot order the hedge to be removed, require action that could kill it, or require it to be cut below two metres above ground level. Problems caused by roots, such as subsidence, are outside the legislation. Failing to comply with a remedial notice is an offence; the guide says the fine is up to £1,000 and that the council can enter the land and do the work.
Appeals
Under section 71, both the complainant and the neighbour can appeal to the appeal authority, which is the Secretary of State for hedges in England and the Welsh authority for hedges in Wales. The appeal must be made within 28 days of the notice or of notification of the decision, unless the appeal authority allows more time, and a remedial notice does not take effect while an appeal is pending.
GOV.UK says there is no fee for appealing, that appeals about hedges in England go to the Planning Inspectorate, and that a decision normally takes about 34 weeks once the appeal is validated. A decision can be challenged in the High Court if the Planning Inspectorate made a legal mistake.
Cutting a neighbour’s hedge
GOV.UK says that doing more than trimming overhanging branches back to the boundary could expose the trimmer to a court claim for damage. If the hedge includes trees protected by a tree preservation order, or sits in a conservation area, separate council permission may be needed even for trimming.
FAQs
Can a council order a hedge to be removed?
No. The GOV.UK guide says the council cannot order removal, action that could kill the hedge, or a height below two metres.
Does a beech or privet hedge count?
Only if it is evergreen or semi-evergreen. The guide says privet that loses all its leaves in winter, and beech or hornbeam that keeps dead leaves, do not qualify.
Who decides an appeal in Wales?
Section 71 names the Welsh authority as the appeal authority for hedges in Wales.
Bottom line
A council in England or Wales can act on a hedge only if it is a line of two or more evergreens above two metres that blocks light or access, and only after reasonable efforts to settle the matter have been made. The most it can require is a reduction in height, not removal, and either side can appeal within 28 days. This article is general information, not legal advice; the council’s own process and fee should be checked before complaining.
Sources
- legislation.gov.uk, “Anti-social Behaviour Act 2003, section 66: High hedges”
- legislation.gov.uk, “Anti-social Behaviour Act 2003, section 68: Procedure for dealing with complaints”
- legislation.gov.uk, “Anti-social Behaviour Act 2003, section 71: Appeals against remedial notices and other decisions of relevant authorities”
- GOV.UK, “High hedges: complaining to the council”
- GOV.UK, “Appeal a high hedges decision”