Hedges are one of the defining features of Sussex gardens, from the towering leylandii screens that cause so many neighbour disputes to the neatly trimmed box and yew hedges that front period properties. But there are rules about when and how you can cut them. Here’s what you need to know.
The most important law affecting hedge trimming is the Wildlife and Countryside Act 1981. Under this act, it is an offence to intentionally damage or destroy the nest of any wild bird while it is in use or being built. Since many birds nest in hedges, this effectively means you should avoid cutting hedges during the main nesting season, which runs from approximately March to the end of August. This isn’t a blanket ban — you can trim a hedge during this period if you’re confident there are no active nests — but the burden of proof is on you. If nesting birds are disturbed, you could face prosecution.
In practice, we recommend trimming hedges between September and February whenever possible. This gives you a clear window outside the nesting season and also means the hedge has its tidy shape through the summer months when you’re most likely to be using the garden. For formal hedges that need multiple cuts per year, a trim in late August (after checking for nests) and another in spring before nesting begins is a common approach.
Agricultural hedgerows have stricter rules. Under the Hedgerow Regulations 1997, it is illegal to remove most countryside hedgerows without first notifying the local planning authority. A “hedgerow removal notice” must be submitted, and the council has 42 days to assess whether the hedgerow qualifies as “important” under the regulations. Important hedgerows — those that are historically significant, particularly species-rich, or serve as parish boundaries — cannot be removed. This applies to rural hedgerows, not garden hedges, but if your property borders farmland, the boundary hedge may be protected.
High hedges are a common source of neighbour disputes, and the law provides a specific remedy. The Anti-social Behaviour Act 2003 (Part 8, often called the “High Hedges Act”) allows you to complain to your local council about a neighbour’s hedge if it is over 2 metres tall and adversely affects the reasonable enjoyment of your property. Before you can complain, you must demonstrate that you’ve tried to resolve the issue directly with your neighbour. The council charges a fee (typically £300–£500 in Sussex) and will send an officer to assess the situation. If the complaint is upheld, the council issues a formal notice requiring the hedge owner to reduce it.
It’s important to understand that the high hedge rules only apply to evergreen or semi-evergreen hedges that form a barrier to light. A row of deciduous trees, even if tall, doesn’t qualify. The hedge must also be on neighbouring land — you can’t complain about your own hedge. If you’re thinking about making a complaint, check your council’s specific requirements and fees first.
Boundary hedges come with their own set of considerations. If a hedge sits on the boundary between two properties, both owners typically have a right to trim their own side up to the boundary line. You can cut back growth that overhangs your property, but you should offer the cuttings back to the hedge owner (in practice, most people are happy for you to dispose of them). You cannot, however, enter your neighbour’s property to maintain their side of the hedge without permission.
For hedges in conservation areas, the same six-week notice rules apply as for trees: if you’re removing a hedge or doing significant work to one that forms part of the character of the conservation area, notify the council first. In practice, routine trimming of an existing hedge to maintain its shape rarely requires notice, but removing a hedge entirely or reducing it dramatically could.
Whatever the legal position, the best approach is usually to maintain hedges regularly. A hedge that’s trimmed annually is easier and cheaper to maintain than one that’s been left for years and needs a heavy cut-back. We offer regular hedge trimming throughout Sussex and Surrey and can advise on the best time and approach for your particular hedge species.
