Legislation
Key Points in the Legislation
- The definition of a high hedge is an evergreen or
semi-evergreen tree or shrub, rising to a height of more than 2
metres above ground level, which comprises two or more trees or
shrubs which form a barrier to light and access.
- The legislation does not cover single trees or deciduous
hedges, e.g. beech and hornbeam hedges are not included.
- The Act applies only to domestic property, i.e. a dwelling, or
a garden or yard which is used and enjoyed in connection with a
dwelling.
- The legislation does not require all hedges to be cut down to a
height of 2 metres.
- Permission is not required to grow a hedge above 2 metres.
- When a hedge grows over 2 metres we do not automatically take
action unless a justifiable complaint is made.
- If a formal complaint is made, it does not automatically follow
that we will order the neighbour to reduce the height of the hedge.
We have to weigh up all the issues and consider each case on its
merits, taking into account such matters as loss of light to
neighbouring gardens, and loss of daylight.
- We cannot require the hedge to be removed in total.
- The legislation does not guarantee access to uninterrupted
light.
- The legislation does not deal with subsidence problems,
potentially or allegedly caused by the roots of high hedges.
- There are rights of appeal that can be exercised by both the
complainant and the hedge owner.
View a full
copy of the legislation
Communities and Local
Government have published a leaflet explaining what complaints
local authorities can consider and how they will deal with them. It
can be
downloaded from the DCLG website or is available from the
Civic Centre.
This webpage was updated on
10/24/2007