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 applies only to high hedges. To qualify, the trees or shrubs must form a hedge, as determined by the case officer. A single tree or shrub cannot be a high hedge and non-hedge plants do not qualify for a High Hedge Notice.
- Q3. Can I have the height of woodland behind my property reduced if it resembles a large hedge?
- Woodlands are excluded from the Act. If the woodland is enclosed by a hedge along its edge, it is only the hedge that will be considered under the Act.
- Q4. What constitutes an Affected Property under the Act?
- An affected property is a domestic property in Scotland impacted by a high hedge that blocks light and reasonably 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?
- No, this Act addresses hedges blocking light, not property damage from plants, which can be resolved through existing civil methods.
- Q6. Will the Act be reviewed?
- Yes, the Act includes measures for a review within five years, including the definition of a high hedge, to allow for necessary changes.
