Is it illegal to burn garden waste?
GARDENERS wanting the quickest and easiest way to remove their green waste might consider burning it.
Is it legal to have a fire, and can you get fined? Here we get to a the bottom of this hot topic.
Is it illegal to burn garden waste?
While the act of lighting a garden bonfire is not illegal, there are laws and restrictions in place to ensure it’s safe.
In the UK burning domestic waste is strictly prohibited under the Environmental Protection Act 1990 as it will cause pollution or harm people’s health, which is an offence under the Clean Air Act 1993.
It is advised that people dispose of household and garden waste by composting or recycling it.
Every local council is different on how they do this – check this link out on how to dispose of garden waste or about recycling in your area.
What happens if you burn garden waste?
Crucially, you have to ensure that it’s a small contained fire carried out safely, and responsibly.
If the smoke from your bonfire blows across a road, it could reduce visibility and cause danger to the traffic.
Smoke emissions need to be controlled and you therefore can’t burn anything that could cause pollution or harm to public health – that includes plastic, rubber, old engine oil, and anything else that produces poisonous fumes.
You should only ever burn dry materials, and tell your neighbours in advance.
Burning green leaves also creates enormous amounts of smoke, so should be done in moderation.
How should you dispose of garden waste correctly?
You could be fined if your fire emits smoke that drifts across the road and presents a danger to traffic.
Your council can issue an “abatement notice” if a neighbour’s bonfire is causing a nuisance – although it would have to happen frequently to be considered a nuisance.
You or your neighbour can then be fined up to £5,000 if they don’t follow the rules of the notice.
Gardening mistakes that could get you fined
Gardening experts over at Toolstation have revealed the garden laws you need to be aware of not breaking.
While some of these laws could land you with a fine of up to £20,000 in extreme cases, a friendly chat with your neighbours can usually resolve any issues.
Tree removal and pruning: If you have a tree in your garden you want to get rid of you better think twice and do your research.
The gardening experts reveal: “If one neighbour wishes to remove or heavily prune a tree that the other neighbour values, disputes can arise over the impact on the view, shade, or privacy. “
While it might cause a row, if it is in your property boundary it is ultimately your choice, unless it has a Tree Protection Order on it.
“But, some trees may be protected by a Tree Protection Order which makes it an offence to uproot, top or destroy them, the experts warn.
The maximum fine for breaking this law is £20,000, so make sure you double check if it does have a TPO.
You can find out by contacting your local council for a map that shows this information. Alternatively, you can ask to speak with your local tree officer.
Property boundaries and fences: One of the main causes of neighbours falling out is through arguing over property boundaries and fencing.
To avoid this situation, the gardening pros recommend checking the deeds of your property to determine the correct boundaries
“Most of the time, it’s easy to determine who owns the fence as the fence posts will usually be on the owners side,” they add.
“Additionally, the height of fences or hedges can cause disputes between neighbours if one party feels the height has exceeded the two metre guidance.
“Hedges and fences should be no more than two metres high, and you could be asked by the council to take them down if a neighbour complains about the height.
“Luckily, standard fence sizes are less than two metres tall so you shouldn’t have a problem.”
Garden structures and additions: A pergola is the perfect addition to a garden if you want somewhere to relax in the shade.
But if it obstructs your neighbour’s view or violates local building regulations it could cause a dispute, as can sheds and other garden structures.
“If you’re not sure, have a chat with your neighbours to let them know what you’re planning and, if there’s an issue, get in touch with your local council who can give you more guidance,” advise the gardening experts.
Overhanging branches and plants: “When branches, vines, or roots from one neighbour’s tree or plant extend into the neighbouring property, it can lead to disagreements over potential damage to structures, blocked views, or the burden of maintenance,” reveal the pros.
However, it’s important to note you can only trim overhanging branches up to the boundary of your property otherwise, it could be seen as trespassing.
You can climb into the tree to carry out the work if needed, but only on your property and make sure to stay on your side of the fence if you don’t have permission to enter your neighbours garden.