
Keen gardeners across the UK are being urged to check their green spaces carefully, as experts warn that removing certain plants and trees could lead to hefty fines. Garden Buildings Direct has highlighted six little-known gardening laws that homeowners must be aware of to avoid becoming “unwitting criminals” while tending to their gardens. One of the most costly mistakes a gardener can make is disturbing a tree protected by a Tree Preservation Order (TPO).
These orders safeguard significant trees, preventing homeowners from pruning, moving, or destroying them without permission. Anyone found guilty of violating a TPO could face fines of up to £20,000. Gardeners are advised to check whether their trees are protected before carrying out any work on their council's website.
Invasive species such as Japanese Knotweed pose another legal risk. While its appearance may seem harmless, this aggressive plant can cause severe structural damage to homes and spread uncontrollably into neighbouring properties. Under the Wildlife and Countryside Act of 1981, introducing or allowing the spread of invasive plants like Knotweed is illegal and could lead to serious consequences.
Another common misconception among homeowners is the right to trim overhanging branches, flowers, or fruit from a neighbour’s tree. While branches that extend into a property may be cut back to the boundary line, the law states that the trimmings, including fruit, must be offered back to the owner. Taking them without permission could result in legal disputes.
Hedges along property boundaries can also be a source of legal complications. If a hedge grows between two properties, both homeowners are equally responsible for its maintenance. Disputes over hedge height and trimming responsibilities often lead to legal battles, particularly if the hedge obstructs natural light.
Garden structures like summer houses and sheds are also subject to strict planning regulations. A garden building cannot exceed 50% of the total outdoor space, must be under 2.5 meters in height, and cannot be used as a self-contained residence.
Larger structures require planning permission, and failing to comply with regulations could result in costly penalties. Perhaps one of the lesser-known legal risks comes from blocking a neighbour’s access to natural light. The Rights of Light Act states that if a window has received uninterrupted daylight for 20 years or more, it cannot be obstructed by newly planted trees or large garden structures.
Any interference could lead to legal action, making it essential for gardeners to consider the long-term impact of their planting choices. As gardening season gets into full swing, experts recommend that homeowners familiarise themselves with these regulations to avoid unexpected fines or legal trouble..