From putting down decking, to trimming your garden bushes, many Scots are completely unaware they could be breaking the law and facing expensive fines.
Improving your outdoor space can be fraught with issues including fines and neighbour disputes over things like fences, sheds and even decking.
Garden building expert Sam Jenkinson at Tiger has issued a warning about five common garden laws people could be breaking and how to avoid any strife.
A shed too high
“In the UK, a shed can’t cover more than 50% of your garden or be higher than 2.5 metres if it’s within 2 meters of your property’s boundary without planning permission. If your shed exceeds these dimensions, you risk being forced by the council to remove your garden building, which if ignored is considered an offence and can result in an unlimited fine.
If you do want to build a shed that is taller than 2.5 metres, you will need to apply for planning permission from your local council or speak to a shed manufacturer as many companies can make reduced height versions of their designs if needed to be compliant.”
Sleeping in your garden building
“If you’re using your garden building, such as a log cabin or shed, for regular and frequent overnight accommodation without planning permission, your local council may not take too kindly to it.
The odd friend sleeping over on an informal, more occasional basis is less of an issue, but if you want to use your garden building as a permanent guest room (especially if you are charging for it), you’ll need to check building regulations and get planning permission as it may be considered a change of use. Failure to have the necessary permissions can lead to enforcement notices stopping the use, orders to dismantle the building and even substantial fines.”
Decking too high
“If you have decking that is higher than 30cm above the natural ground level, or that covers more than 50% of your garden without planning permission, the council can order you to remove or lower it. Ignoring this could lead to a fine for failing to comply with an enforcement notice, which if not complied with, can lead to an unlimited fine.
If applying for planning permission, there are many things that can impact a council’s decision to grant it for decking such as the size and location, impact on the surrounding area, and whether it complies with local planning policies.”
ary permissions can lead to enforcement notices stopping the use, orders to dismantle the building and even substantial fines.”
Trimming branches
“When it comes to trimming branches that overhang from your neighbour’s garden into yours, only cut them up to the boundary line. You cannot step into your neighbour’s garden, as this may be considered trespassing, or cut any part of the tree that is within their property without their permission.
As well as this, it’s important to check if a tree is covered by a Tree Preservation Order (TPO) or is in a conservation area, as permission from the local council would be needed before cutting any branches, even if they overhang into your garden. A fine for breaching a TPO can reach up to £20,000 in a Magistrates Court, with the potential for unlimited fines in more serious Crown Court cases, so it’s always best to speak to your neighbours first.”
Blocking light
“Under the Rights of Light Act, if a window has received natural light for 20 years or more, neighbours can’t plant or allow trees to grow that will block light coming through it without risking legal action. The same applies to garden buildings if they obstruct light to a window.
While the Rights of Light Act does not directly impose fines, failure to comply with any legal judgments or court orders off the back of it can lead to financial consequences such as paying for damages or loss of property value. If you did want to plant a new tree, consider placing it in a corner of the garden far away from your neighbour’s house, or opt for something smaller.”
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