Expert reveals garden laws Brits could face fines of £1,000s for breaching

Spring is the perfect time to carry out some outdoor maintenance jobs, following the colder winter months. But, whether you’re looking to spruce up your garden space, or carry out a spot of home renovation, it’s important to be aware of regulations you will need to follow.

To help Brits avoid any unexpected fines, Paul Kershaw at Trade Fix Direct has highlighted three regulations that Brits may not be aware they are breaking.

1. Not following skip regulations: Fine of up to £1,000 

If you’re carrying out renovations, you may require the use of a skip to dispose of associated waste. If you plan on having a skip located on your own property i.e. your driveway or garden, you will not need a skip permit.

However, if you wish for your skip to be placed in a public space, such as a road, you will need a skip permit. If you’re a tenant be sure to seek consent from your landlord, and inform any respective parties who may be affected by the placement of your skip.

Whilst the majority of councils allow skip hire companies to apply for the permit on your behalf, and include this charge in your bill, there are some local councils that require for the customer to order their permit directly. If you fail to hold a skip permit, your local council can remove your skip.

Check your local council for safety lights and markings that you may need on or around your skip, such as: reflective markings, traffic cones and night time safety lamps. Failure to add the required safety lights and markings can result in a fine of up to £1,000.

2. Breaching fencing height restrictions: Unlimited fine 

In the majority of cases, you will not need to submit planning permission in order to erect a garden fence, provided you follow legal height restrictions. A fence separating your garden from your neighbour’s must not be over two metres (6.5 ft) in height. In the case your garden fence is next to a footpath or road, the maximum height restriction is one metre (3.2ft). It’s important to note that these height restrictions include any trellis which may be added to the top of your fence.

If you wish to erect a fence higher than these restrictions, you should apply for planning permission from your Local Planning Authority. We would also recommend speaking to your neighbour to see if they can support your application. In the case you are a tenant, you will also need to seek permission from your landlord. If you live in a listed building, you will need to seek planning permission regardless.

If you erect a fence higher than the legal restrictions, without approval from your LPA, you could face a planning enforcement notice; failure to comply can result in up to an unlimited fine.

3. Breaching decking height restrictions: Unlimited fine

If you’re looking to lay decking that’s above 30cm in height, or covering more than half of your garden’s surface area, you will need to request planning permission. If you have not submitted planning permission, councils will commonly allow a retrospective application to be submitted. They, however, also have the right to invoke an enforcement notice, under Section 172 of the Town and Country Planning Act (1990), which means that the change will need to be reversed. Failure to comply with the request can result in an unlimited fine.

Trade Fix Direct has highlighted garden regulations to help Brits avoid facing penalties.