If you live in private accommodation and have already tried to talk to your neighbours about reducing the height of their high hedge but have not been successful, you may be able to complain to us under Part 8 of the Anti-Social Behaviour Act 2003.
In the Act, a high hedge is defined as:
- evergreen or semi-evergreen trees or shrubs
- 2 or more plants in a row without significant gaps
- over 2 metres tall from ground level
Someone else must own the high hedge and it must also be affecting the enjoyment of your home or garden, this is referred to as a detrimental impact on amenity.
If you do not know who owns the land or property, you can find out using the land registry website.
What you can do
We are unable to become involved in a high hedge dispute unless you have tried to resolve the issue yourself.
You should take the following steps:
- approach your neighbour and ask to discuss the issue
- if a discussion fails, ask your neighbour to try mediation
- if that is unsuccessful, let them know that you plan to complain to us about the high hedge
We are unlikely to proceed with your complaint if you have not completed these 3 steps.
GOV.UK has information and guidance about high hedges, such as:
- resolving neighbour disputes - explains all the steps you should take before contacting the us, including mediation
- over the garden hedge - a leaflet providing guidance on resolving high hedge issues without involving the local authority
What we can do
When dealing with complaints about high hedges we have to work to the government’s regulations. If you complain to us, it does not mean that we can automatically order your neighbour to cut their hedge.
We can order the hedge to be cut if it affects your reasonable enjoyment but we decide this based on lots of different things, and each case is different. This is calculated by using hedge height and light loss.
What we cannot do
There are some things the law does not cover. We cannot:
- do anything about single trees or shrubs
- do anything about trees or shrubs shedding their leaves
- order a hedge to be removed
- issue Antisocial Behaviour Orders (ASBOs) for high hedges
- deal with problems caused by hedge or tree roots
- compare the height of the hedge to other nearby hedges – if your other neighbours keep their hedges trimmed to a certain height, you cannot use this as grounds to complain that another neighbour does not keep theirs the same height
It is not true that all hedges have to be below 2 metres, or that you have to get permission to grow a hedge over 2 metres. We cannot automatically do anything if a hedge is over 2 metres. The law does not guarantee you access to uninterrupted light .
Make a complaint
The high hedges leaflet on GOV.UK explains the complaint process in more detail.
You will need to provide:
- your name, address and contact details
- the contact details for the owner of the hedge
- information about the hedge, such as its species and where it is
- a photo of the hedge
- a plan showing where the hedge is and the surrounding properties
- a full explanation of how the hedge affects you
- an outline and evidence of all the steps you have taken to settle the dispute by negotiation - this can include records of letters, or mediation
- any extra documents or professional reports that you have had done
- details of any formal complaints you have already made about the hedge
- the correct fee
You can have someone complain on your behalf, such as a family member, friend or professional adviser. This person will be our main contact, but they will still need to tell us your name and contact details - you cannot complain anonymously.
You can complain whether you own or rent your home, but make sure you let your landlord know that you are complaining to us.
Make sure you tell us as much information as possible but keep it factual. A copy will be sent to your neighbour, and their landlord if they have one.
If you are not sure whether the hedge meets the criteria, please email highhedgecomplaints@bcpcouncil.gov.uk with photos of the hedge so we can assess if it meets our criteria.
To make a complaint, complete the form and email it to highhedgecomplaints@bcpcouncil.gov.uk.
pdf , 235.6 KB
Cost of a high hedge complaint
A high hedge complaint costs £3,800 and must be paid before we can investigate. We will contact you once you have submitted your complaint to take payment.
How to draw your plan
Make sure that your plan:
- shows the surrounding roads, and their names
- shows all the surrounding buildings and properties, with house numbers/names
- clearly marks exactly where the hedge is and how long it is
- shows any measurements in metres
If you are complaining that the hedge blocks your light, make sure your plan:
- marks which way is north
- shows the windows which are affected by the hedge
- includes any relevant measurements, for example, the size of your garden and how far it is between the hedge and your windows
Appeals
Both the hedge owner and the complainant can appeal against our decision. They have 28 days to do so. The notice will usually be suspended whilst the appeal is in process.
Enforcement
It is an offence not to comply with a remedial notice. If your neighbour fails to reduce their hedge height in the time specified, they could be prosecuted and fined up to £1,000. Alternatively, we have the authority to take direct action and recover the cost from the hedge owner.