How tidy do you keep your garden? Is it your pride and joy or somewhere you couldn’t care less about? Well, if it’s the latter, you may want to reevaluate, as legal experts have revealed the conditions under which you can be fined for a messy garden.
Property ownership can be a bit of a minefield, with your garden often falling under various unknown jurisdictions that can land you in trouble. From hedge cutting rules to whether you can eat your neighbour’s fruit when it falls into your garden (you can’t!)There are lots of rules and regulations to be aware of.
An untidy or messy garden is no doubt unsightly, but under the Town and Country Planning Act 1990, there are some conditions under which you can be fined a whopping £500. This is everything you need to know.
Can you be fined for having a messy garden?
‘You can be fined for having a messy garden if the local authority believes that it ‘adversely affects the amenity of the area’ (section 215 of the Town and Country Planning Act 1990). A local planning authority can serve a ‘section 215’ maintenance notice requiring the owner or occupier to take specific steps to remedy the offending problem,’ explains Guy Platon, senior solicitor at Walker Foster.
There is no explicit definition of what ‘amenity’ constitutes in the act, so this is applied with common sense.
‘So, the condition of the site, the impact on the surrounding areas and the local authority’s ability to tackle the problem will be relevant and part of the consideration,’ adds Guy.
Because of this, you won’t be liable if your garden is messy but doesn’t impact anyone else. A section 215 cannot be issued based on taste. So, if you’re not a fan of your neighbour’s garden layout ideas, you can’t complain on this basis!
The Environmental Protection Act 1990 is another piece of legislation that can land you a fine if your garden is too unkempt. This applies when your garden constitutes a statutory nuisance, such as a large accumulation of waste, attracting vermin or frequent loud noise at unreasonable hours.
How are the rules enforced?
‘If the local planning authority is satisfied that the condition of the messy garden is sufficiently serious to breach section 215, then it can order a wide range of works, including removal. It will also order the offending party to remedy the problem within a time limit of at least 28 days, with the local authority’s costs being payable by the offending party,’ explains Guy.
‘If the owner and occupier fail to comply with the notice within the specified time limit, then the local authority can carry out the works themselves and recover the cost from the owner or occupier. They can also be fined, and as the office is of a continuing nature, further prosecutions can follow, with fines being imposed on a daily basis.’
Since the introduction of the Levelling Up and Regeneration Act 2023 came into force in 2024, fines are now uncapped; however, Guy points out that it is useful to use pre-2024 rules as a helpful guideline, where the amount was capped at £1000.
‘If the problem persists and an abatement notice has been served, the council has various enforcement powers to remedy the nuisance,’ adds Daniel Smith, senior associate in the Dispute Resolution Team at Gardner Leader.
‘Potentially, a landowner could also have a claim in common law private nuisance where the ordinary use of their land is interfered with, and it might be possible to obtain an injunction from the court to compel the neighbour to stop the nuisance. Occupiers who are renting property might also be in breach of their lease obligations, although these would not ordinarily be for a neighbour to enforce.’
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Some uncut grass, overgrown hedges or an unweeded patio may look terrible; however, it is unlikely to land you in trouble. But if you feel like your garden maintenance is spiralling out of control, it’s important to get it sorted now, to avoid trouble later down the road.
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