HOMEOWNERS are being warned they could face an unlimited fine if they break a little-known law while sprucing up their garden.
With the warmer weather slowly returning, many people may be thinking about keeping their gardens in check.
But a gardening expert has said you should be aware of the Wildlife and Countryside Act 1981 before trimming your hedges.
The law prevents people from disturbing or destroying wild birds’ nests.
Those who are found to have broken the law could face an unlimited fine in the thousands of pounds – or even up to six months in prison.
Luke Dejahang, gardening expert and CEO of Crown Pavilions, told The Sun: “This could potentially affect the average homeowner, especially if they are unaware of the regulations and unintentionally breach them.
“For example, trimming hedges during the bird nesting season without checking for active nests could lead to legal issues, but being informed will ensure that homeowners won’t be as affected by any unintentional violations.”
What you need to know about the law
Nesting birds are protected under the Wildlife and Countryside Act 1981.
Luke says that “any form of damage or destruction to these nests is illegal”, so you must be very careful not to disturb them.
The bird nesting season in the UK officially runs from the start of March to August, with the peak period being from March to July.
To avoid disturbing any nests, you should check for them before you start trimming.
There are also rules around trimming hedgerows during this period.
[bc_video account_id=”5067014667001″ application_id=”” aspect_ratio=”16:9″ autoplay=”” caption=”Peter O’Mahony and son go extra mile to ‘keep the birds fed in this weather’ in latest gardening escapades” embed=”in-page” experience_id=”” height=”100%” language_detection=”” max_height=”360px” max_width=”640px” min_width=”0px” mute=”” padding_top=”56%” picture_in_picture=”” player_id=”default” playlist_id=”” playsinline=”” sizing=”responsive” video_id=”6366814080112″ video_ids=”” width=”640px”]Between March 1 and August 31, you shouldn’t cut or trim a hedgerow that is more than 20m long with gaps of 20m or less in its length.
You should also avoid cutting hedgerows that are less than 20m long but meet another hedgerow at each end.
This includes hedges that grow on farming land used for agriculture.
There are some exceptions for cutting hedges on private properties.
These are if:
- The hedge overhangs a motorway, road, or footpath and poses a risk to public safety
- The hedge is obstructing the view at a junction or entrance, creating a safety hazard
- The hedge is obstructing pedestrians or vehicles
- The hedge is dead, diseased, or poses a risk of spreading disease to other plants
- There is confirmation that there are no birds present in the hedges.
Even if your hedge does meet these exceptions, you will still need to check there are no birds nesting there.
What penalty could you get?
Luke says breaching the environmental protection law could result in “significant penalties”.
According to the Crown Prosecution Service, most offences under the Wildlife and Countryside Act are considered “summary only”.
These are minor criminal offences that are tried in a Magistrates’ Court.
Someone guilty of breaching the Wildlife and Countryside Act could be subject to either six months’ imprisonment or a level five fine, or both, the CPS says.
A level five fine is unlimited, the Sentencing Council says.
Given that a lesser level four offence can result in a fine of up to £2,500, it’s safe to say a level five fine could see you paying out thousands.
The RSPB says: “The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both.
“Suffice to say, it is certainly not a risk worth taking.”
And there are other gardening mistakes that could earn you a fine – see our full list below.