Many homeowners take great pride in their , and will fork out huge amounts to make sure it stays in good condition. However, when it comes to upgrading your outdoor space, there are many things that need to be considered to avoid breaking the law. A legal expert is warning gardeners of the huge fines they could be hit with as a result of In total, the various fines add up to a huge £45,000 worth of penalties.
Therefore, before you prepare to get out your tools and show off your DIY skills, Daniel McAfee, UK lawyer and head of legal operations at , has shared laws that every gardener should be aware of, and they mainly involve two things - and fencing. The lawyer warns people to consider wildlife before doing any planning work.
He said: "Disturbing wildlife can have legal consequences. The Wildlife and Countryside Act 1981 makes it illegal to damage active bird nests or bat roosts. If you're planning to trim trees or hedges, avoid the nesting season (March to August) or risk potential fines Up to £5,000 fine or up to six months imprisonment."
However, Daniel also noted that the fines can actually surge up to £20,000 if the incident involves Sites of Special Scientific Interest (SSSIs) under the amendments made by the Countryside and Rights of Way Act 2000.
"Garden improvements can add value and enjoyment to your property, but legal pitfalls can be costly. Always check local regulations, consult with neighbours, and seek professional advice for significant projects to avoid unnecessary disputes or fines," he added.
Although homeowners have the right to plant trees on their property, it is important that you consider the potential impact. Overhanging branches and "invasive" roots can result in conflict with neighbours. can become a legal issue under the Anti-Social Behaviour Act 2003.
If a tree is protected by a Tree Preservation Order (TPO) or in a conservation area, then cutting or altering it without permission can also land you a fine of £20,000.
A number of other works that the lawyer warns of may not necessarily land homeowners a fine. However, they can lead to "significant costs", and this includes unclear property boundaries, which can result in a dispute between neighbours. Daniel urges people to "consult the title deeds of your property and find out who the gate legally belongs to" ahead of making any changes.
Planning permission may be required for fences that exceed two metres in height or one metre if next to a public road, and "stricter" regulations apply to properties with listed status or located in conservation areas.
The addition of a water feature that will most likely elevate your garden can, unfortunately, also be "legally complex". Daniel warned: "They must not interfere with public drainage systems or cause water runoff onto neighbouring properties. Any interference could result in liability for damages."
Lastly, Daniel urges gardeners to get clued up on laws regarding decking. The lawyer has provided advice for those wanting a new deck to transform their garden.
He added: "Paving over your garden may seem like a simple change, but if it's a front garden over 5 square metres, planning permission is required unless a permeable material is used.
"For decking, homeowners should ensure that it's no more than 30cm above ground and doesn't take up more than 50% of their garden space, or they could face enforcement action."