The High Hedges (Scotland) Act 2013

The High Hedges (Scotland) Act 2013 now provides a legal basis for taking action over a problem high hedge. The legislation is intended to help people in Scotland who are adversely affected by high hedges bordering their domestic property by introducing a formal complaints system that will be operated by local authorities. The Act should however only be used as a last resort. Neighbours are required to attempt to resolve the problem themselves. Such efforts are required to be provided as evidence with any application for the service of a High Hedges Notice. The legislation will not mean that all hedges above 2- metres in height will need to be cut down, nor will people need council permission to grow or retain a hedge along the boundary of their property.

Common questions

Q1. Does the new law stop me from planting trees and hedges in my garden or on my land?
There are no laws limiting hedge height, and planning rules for boundary walls and fences don’t apply to hedges. Permission to plant a hedge is usually unnecessary unless title restrictions or planning conditions exist. However, unchecked growth can cause issues, especially for neighbours.
Q2. Are all Trees and Shrubs Covered by the Act?
No, the Act only relates to high hedges. To constitute a "high hedge" the trees and/or shrubs must firstly constitute a hedge. If the trees or shrubs that are causing you a problem are not a hedge then you cannot make an application under the Act. It will be for the investigating case officer to decide whether trees planted closely together form a hedge, or not. If they are not a hedge then you cannot apply for a High Hedge Notice. The Act specifically states that a single tree or shrub cannot constitute a high hedge
Q3. Can I have the height of woodland behind my property reduced if it resembles a large hedge?
The Act applies to hedges and is not designed to affect woodland and forests. For example, well-spaced tree lines are not normally considered as a hedge, even if the trees join to form a canopy. It is not normally expected that trees planted between properties would be classified as either woodland or forests.
Q4. What constitutes an Affected Property under the Act?
An affected property is a domestic property impacted on by a high hedge that blocks light and unreasonably affects its enjoyment. The Act defines "domestic property" as a building or part of one used as a dwelling, including its yard, garden, garage, or outhouse, excluding properties solely for non-domestic use.
Q5. Does the Act cover issues such as problems caused by pine needles blocking drains, leaf fall and root damage?
Issues relating to pine needles blocking drains, leaf fall or root damage on their own are not sufficient for the submission of a High Hedge Notice application, however, these may impact on the reasonable enjoyment of a domestic property and may be considered as part of that assessment where a high hedge application is valid in that it meets the requirements of being a high hedge. These issues on their own can be resolved through existing civil methods.

Last updated: 30 Apr 2026

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