Legal Rights in Wales for Neighbour's Refusal to Cut High Hedge
Wales Legal Rights: Neighbour's High Hedge Refusal

Most of us get along well enough with our neighbours to live side-by-side amicably for many years. But sometimes friction can occur if the people living next door refuse to keep on top of things.

If your neighbour has a hedge that's got out of control and is spoiling your enjoyment of your property, the first thing to do is try to resolve it between you. However, if that doesn't work there's a legal route that residents can use.

According to gov.wales, high hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003, which came into operation in Wales on December 31, 2004. If the parties involved have tried and exhausted all other avenues for resolving their hedge dispute, it is possible to take a complaint about a neighbour's evergreen hedge to the local council.

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However, it can cost a maximum of £320, which is payment for the service, although it is up to councils whether they charge and what the fee is. The fee is intended to persuade people to try to settle such disputes between themselves to ensure that involving the council is a last resort.

Gov.wales explains: "The fee is also intended to help deter frivolous or vexatious complaints. The role of the local authority is not to mediate or negotiate between the complainant and the hedge owner, but to adjudicate on whether - in the words of the Act - the hedge is adversely affecting the complainant's reasonable enjoyment of their property."

"In doing so, the authority must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community."

If they consider the circumstances justify it, the local authority will issue a formal notice to the hedge owner which will set out what they must do to the hedge to remedy the problem, and when by.

"Under the Act the complainant or owner or occupier of the land where the hedge is situated can appeal to the Welsh Ministers."

"Failure to carry out the works required by the authority is an offence which, on prosecution, could lead to a fine."

Guidance on the high hedges complaints system in Wales can be obtained from the Welsh Government by emailing planning.directorate@gov.wales.

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