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.