A tall evergreen hedge along a garden boundary casting shadow over a lawn

High hedges law and complaints in Exeter

9 min read
Rules and permits
The high hedges rules in Part 8 of the Anti-social Behaviour Act 2003 let a neighbour complain to the council about an evergreen hedge over two metres high that affects the enjoyment of a home. This guide sets out who can complain, the process and the remedial notices that can follow.

A hedge that has grown into a wall can take the light out of a garden, a kitchen or a bedroom for years, and the neighbour who lives beside it often has very limited options. The high hedges rules in Part 8 of the Anti-social Behaviour Act 2003 give a formal route to complain to the council, but only for a specific kind of hedge and only where the hedge is genuinely affecting the enjoyment of a home. This guide explains which hedges qualify, how the complaint process works in Exeter and what happens if the council decides in the complainant's favour.

What counts as a high hedge

The statutory definition is narrower than most people expect. Under section 66 of the Anti-social Behaviour Act 2003, a high hedge is a barrier to light or access that is formed wholly or predominantly by a line of two or more evergreens, and that rises to a height of more than two metres above ground level. A hedge of deciduous shrubs does not qualify, and neither does a single evergreen tree, however tall it is. The definition also excludes lines of evergreens where gaps significantly reduce their effect as a barrier above two metres.

The complaint has to come from the owner or occupier of a domestic property, who alleges that their reasonable enjoyment of that property is being adversely affected by the height of the hedge. The Part 8 provisions of the Act set out the scope of the regime, and the complaint must relate to a hedge on land owned or occupied by another person. A hedge on the complainant's own land is not within the procedure, and because the complainant must own or occupy a domestic property, a business cannot use it to complain about the effect of a hedge on its premises. Section 65 also says that Part 8 does not apply to complaints about the effect of the roots of a high hedge, so damage from roots, including subsidence, falls outside the council's powers under the Act.

Many hedges that cause real frustration do not qualify. A laurel hedge that is two metres high, a beech hedge that is deciduous and a line of mixed shrubs that is not predominantly evergreen all fall outside the definition. Owners in this position may have other routes, such as a negotiated agreement or a private claim, but the statutory complaint route is not available.

Making the complaint to the council

A complaint is made to the local authority, which for Exeter is Exeter City Council. The council's high hedge complaints page asks for the complaint form, details of the hedge, the names and addresses of the people involved, evidence of the attempts made to settle the matter directly and a complaint fee of £350; the Act leaves the fee, if any, for each council to decide. The council's first decision is whether to proceed at all. Under the Act, the authority may decide not to proceed with a complaint, for example where the complainant has not tried to resolve the matter with the hedge owner first, or where the complaint is frivolous or the hedge does not meet the definition. The complainant should keep a copy of the complaint and of the council's response, whatever the outcome.

If the council does proceed, it must decide whether the height of the hedge is adversely affecting the complainant's reasonable enjoyment of the property, and if so, what action should be taken. Section 68 of the Act sets out the authority's duty to make that decision, and the decision is based on the evidence, including the effect of the hedge on light, the layout of the property and the extent to which the hedge is limiting the enjoyment of the home.

The complainant should be ready to show the effect on daily life. A list of the rooms affected, the times of day when light is lost, and any photographs taken from inside the property help the council assess the impact. Evidence of the hedge's height, such as a measurement from ground level or a photograph taken with a clear reference point, is also useful, because the two-metre threshold is central to the test.

Remedial notices and what they require

If the council decides that the hedge is adversely affecting the complainant's enjoyment and that action should be taken, it can issue a remedial notice. The notice requires the hedge owner to take specified steps, which usually means reducing the hedge to a specified height and keeping it at that height. The notice sets out the action required, so the owner should read it closely before instructing anyone to cut. Under section 69, a remedial notice cannot require the hedge to be reduced below two metres above ground level or removed, and while it has effect it binds every owner or occupier of the land where the hedge stands, including later ones.

Remedial notices can be appealed. Section 71 of the Act deals with appeals against remedial notices and other decisions of the authority: the complainant and every owner or occupier of the land where the hedge stands can appeal against the issue or withdrawal of a notice, and the complainant can appeal against a decision that goes the other way. In England the appeal goes to the Secretary of State, which in practice means the Planning Inspectorate, and it must be made within 28 days beginning with the date of the notice or of the council's decision, unless a later time is allowed. A notice under appeal does not take effect until the appeal is decided or withdrawn, so the owner should take advice promptly if a notice is served.

The council can also decide to take no further action, in which case the complaint closes without a notice. A complainant who is unhappy with that outcome may have to consider other options, which is why the evidence should be prepared carefully before the complaint is made.

Ignoring a remedial notice has consequences. Under section 75 of the Act, every owner or occupier of the hedge land who fails to take the required action is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, which the GOV.UK guide High hedges: complaining to the council describes as a fine of up to £1,000. Section 77 also allows the council to enter the land after giving at least 7 days' notice, carry out the work itself and recover its reasonable expenses from the owner or occupier.

Trimming and the wider picture

Hedge trimming is often the practical outcome of a complaint. A hedge owner who receives a notice may choose to reduce the hedge to the required height using a qualified contractor, or may decide to remove and replant with a species that does not grow beyond the limit. Either route requires care, because a hedge that is cut too hard may not regrow evenly, and a tree surgeon can advise on the approach that suits the species.

Hedges that contain trees, rather than shrubs, bring in a second set of rules. A tree within a hedge may be protected by a tree preservation order, which needs the council's consent before it is cut, topped or lopped, or it may stand in a conservation area, where six weeks' notice must be given first, as the Government's guidance on tree preservation orders and trees in conservation areas explains. The GOV.UK guide on high hedge complaints confirms that a complaint can still be made about a hedge containing protected trees, and says the council should assess it in the same way as an application to work on protected trees or a notice of work in a conservation area. Any trimming outside the terms of a remedial notice should be checked with the council first.

Work to reduce a hedge is generally not a major operation, but it can still affect wildlife. Birds may be nesting in dense evergreen growth, and section 1 of the Wildlife and Countryside Act 1981 protects every wild bird's nest during the time it is in use or being built, so intentionally destroying or damaging an active nest in a hedge is an offence. The Act does not fix a nesting season, but trimming is best planned for the months when nesting is least likely, with the hedge checked for nests before any cutting starts.

Records matter in a high hedge complaint as much as in a boundary tree dispute. Note when the shadow falls across the property, which windows are affected and whether the effect changes with the seasons. An evergreen hedge keeps its foliage in winter, which is when the loss of light is often most noticeable, and that observation can be useful evidence for the council.

Using a contractor

A crew asked to reduce a high hedge should be told that the work is to comply with a notice, or to resolve a complaint, so that it can plan the method and the timing. The quote should describe the height to which the hedge will be reduced, the disposal of the clippings and any access that is needed over a neighbour's land. The residential tree service covers the typical arrangements for hedge reduction in gardens, and a quote request that describes the height, the length and the property boundary helps a contractor give an accurate price.

Owners in Exeter who are considering a complaint should first try to resolve the matter directly with the neighbour, as the council will expect to see that effort. The guide on talking to neighbours explains how to open that conversation and record the outcome, and it is the first step most councils would expect to see before a formal complaint.

The rules on high hedges sit alongside the wider questions raised by trees on the boundary, including the guide on why stump removal changes a quote, which explains how the cost of removing a hedge or a stump can be affected by the access and the disposal. The complaint process is designed to resolve a long-running dispute, not to punish either party, and the most sensible outcome is usually a hedge that is kept at a height both households can live with.