High hedge next door: how a complaint to the council works in England

The conifers your neighbour planted ten years ago are now a green wall, and the kitchen is dark all year round. You cannot cut them yourself, and talking has got nowhere. England has a specific route for this: a high hedge complaint to the local council under Part 8 of the Anti-social Behaviour Act 2003.

Which hedges count as high hedges?

Only those that meet every part of the test. The hedge must be a line of two or more trees or shrubs. It must be mostly evergreen or semi-evergreen. It must be more than two metres tall, measured from ground level. It must act as a barrier to light or access, and gaps in it do not take it outside the test. And it must grow on land owned or occupied by someone else.

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On top of that you have to show harm: the hedge must affect the reasonable enjoyment of a home you own or occupy, or its garden or yard.

A single tree does not qualify, however tall it is, because the test requires a line of at least two. A deciduous hedge that stands bare through the winter falls outside the procedure as well.

Can you go straight to the council?

No. You must take all reasonable steps to settle the dispute with your neighbour first, and the council can reject your complaint if you have not. Reasonable steps mean a conversation, a letter, an offer to share the cost of cutting; the guidance points to the "Over the garden hedge" booklet for what those steps look like.

What does a complaint cost?

Councils set their own fees, so there is no national figure and you need to ask your own council. You pay if your complaint is accepted. Reduced fees may be available for households on a low income or on benefits. One thing worth knowing before you start: fees are usually not refunded, even if the decision goes your way.

What can the council order, and what can it not?

It cannot order the hedge to be removed. It cannot require any action that could kill or destroy it. And it cannot require a height below two metres above ground level.

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Above that floor, everything is open. The council sets the height that fixes the problem and stops it coming back — and the guidance is explicit that two metres is the right answer only in some cases.

What is a remedial notice and how long does it give?

If the council decides action is needed, it issues a formal remedial notice to your neighbour and sends you a copy. The notice states what must be done and by when, and it can require ongoing trimming rather than a single cut.

Deadlines are not quick. Nesting birds and the scale of the work both push them out, so they are measured in weeks and months.

What happens if the notice is ignored?

Failing to comply with a remedial notice is an offence punishable by a fine of up to £1,000. The council can also enter the land and carry out the work itself.

How do you appeal the council's decision?

Section 71 of Part 8 of the Anti-social Behaviour Act 2003 gives a right of appeal to the Secretary of State; the appeal form and a copy of the decision go to the Planning Inspectorate. Either side can appeal — the complainant or the hedge owner.

The deadline is 28 days. It runs from the remedial notice being issued, or from the council giving notice that it will take no action, or from the council giving notice that it has withdrawn, waived or relaxed a remedial notice.

The appeal form GOV.UK publishes is tagged as applying to England.

What to do before you complain

Measure the height from ground level and confirm it exceeds two metres. Count the plants: the test needs at least two in a line. Check whether they are evergreen. Keep your correspondence with the neighbour, because that is the evidence of the reasonable steps. And ask your council what the fee is, since you are unlikely to get it back.