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.
