As many enjoy sweltering temperatures set to hit 31C this week, hordes of garden lovers will be sprucing up their outdoor retreats as some could unwittingly find themselves in trouble with the law. Unbeknownst to many gardening enthusiasts, actions such as tending to the notorious Japanese Knotweed or putting up excessively tall hedges can lead to hefty fines, potentially costing your wallet a hefty £5,000.
Anna McEntee of Compare the Market warns diligent homeowners to familiarise themselves with the relevant legal jargon or contact local planning officials before embarking on any major gardening expedition. In a bid to keep residents on track and protect them from exorbitant fines during the sunny months, Anna has shared her insight into the most “common” gardening offences and the high costs that could result from them.
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Housing the Japanese Herb.
Fine: You could face huge fines of £5,000 plus a prison sentence of a maximum of two years, the Mirror reports.
Regulations: Citing the Wildlife and Countryside Act 1981.
Known for its rapid growth and tenacious resilience, Japanese Knotweed lurks as a botanical threat harder to address than most plant pests. The Wildlife and Countryside Act makes it criminal to plant Japanese Knotweed or allow it to invade wild spaces.
While it is not illegal per se to have it on your plot, you could be fined up to £5,000 if it encroaches on public land.
Natural Resources Wales warns that activities such as “weeding, clearing or dumping” knotweed-laden debris could lead to legal problems. If any careless disposal results in the grass wreaking havoc on natural environments, Britons could face jail sentences of up to two years.
High hedges and fences
Fine: £1,000.
Regulations: Anti-Social Behavior Act 2003.
Many homeowners choose to put up high fences and hedges to maintain their privacy. However, if these barriers are excessively high, they can cause a nuisance to neighbours and possibly lead to fines.
Under the Anti-Social Behavior Act 2003, if a neighbor makes a complaint about the height of a fence or hedge, the local authority will intervene to investigate whether it significantly affects the neighbour’s enjoyment of the property. If it is found to be detrimental, the authority may issue a notice requiring the owner to reduce the height.
Failure to comply may result in a fine of up to £1,000.
Nose discomfort
Fine: £1,000.
Regulation: Environmental Protection Act 1990.
While enjoying the outdoors in fine weather is a pleasure, residents must keep their noise levels under control to avoid breaking the rules. Under the Environmental Protection Act, noise that “unreasonably and substantially interferes with the use or enjoyment of a home or other premises” is considered a “statutory nuisance.”
If a noise complaint is made, the council can issue a warning to stop or limit the noise. Ignoring this warning and continuing the noise can lead to fines of up to £110 for residential premises and £500 for licensed premises, which can rise to £1000 or more if not paid within 14 days.
Non-native plant species
Fine: Unlimited fine and possible two years’ imprisonment.
Regulation: Wildlife and Countryside Act 1981.
Gardeners could be forced to pay a hefty fine if they plant non-native species, whether by accident or on purpose. These plants can wreak havoc on the ecosystem if they are introduced into environments where they do not grow naturally.
Under section 14 of the Wildlife and Countryside Act, residents could face an unlimited fine and even up to two years in prison if they plant a prohibited species.
Hose ban
Fine: £1,000.
Regulation: Section 76 of the Water Industry Act 1991.
From watering the garden to washing the car, many people will be using the hose this summer, but it’s essential to do your homework first. In the event of a hosepipe ban, these common activities are prohibited, with some exceptions.
For example, if you just laid new grass in the last 28 days, you can use the hose to water the fresh grass.
Water companies put these bans in place when there is high demand for water and less supply, especially during the hot summer months. If anyone is caught using their hose unnecessarily during the ban, they could be fined £1,000.
Anna commented: “Home insurance policies typically include cover for structures such as sheds, fences and decking, but changes to these structures can affect coverage. Make sure you review the terms of your policy to understand what is covered and check any exclusions and conditions. If you are planning to make significant changes to your garden, let your insurer know to make sure your policy still meets your needs.”
The specialist added: “Home insurance can also be affected by garden maintenance and safety. Neglecting garden maintenance could potentially lead to claims being rejected if damage is a result of poor maintenance. Insurers may also have guidelines on items that pose safety risks, such as trampolines or swimming pools, so always check with your insurer before making any changes to your garden to avoid compromising your cover.”
