High Hedges
Hedges and trees can add a lot to a property and can be a haven for wildlife, however high hedges could cause a problem for your neighbour.
Legislation
The High Hedges Act (Northern Ireland) 2011 allows Council to deal with specific complaints.
Criteria for complaints under the legislation
The hedge or the portion that is causing problems must be:
- made up of a line of two or more trees or shrubs
- mostly evergreen or semi-evergreen
- more than two metres above ground level
- obstructing light
We cannot investigate complaints about:
- a single tree
- non-evergreen hedges or trees
- trees within a forest or woodland (more than 0.2 hectares)
- roots, dangerous trees or damage to property
- falling leaves
- hedges or trees overgrowing onto or blocking the public footpath or road
- hedges or trees overhanging into your property
- hedges or trees blocking sight lines
You may wish to seek independent legal advice in relation to these matters.
Making a complaint
You will be expected to have tried to resolve the issue before you complain to the Council, and you will have to prove this as part of your complaint.
You should talk to your neighbour or write them a letter and you should keep a record of all correspondence with your neighbour.
The Council does not negotiate between neighbours but investigates a complaint and makes a judgement as to whether the hedge is adversely affecting the complainant's reasonable enjoyment of their property.
If your neighbour refuses to talk or correspond with you, you could ask a community representative or mutual friend to intervene. Or you could contact an independent mediator.
If the Council decides that the complaint is justified, it will serve a notice on the hedge owner specifying what needs to be done to manage the hedge and the date by which this should be done.
It is an offence not to comply with the terms of a remedial notice. The penalty for non-compliance will be a fine of up to £1,000 with the possibility of further fines for continued non-compliance.
If a complaint has been made about your hedge, please see guidance for hedge owners below.
Fees
The fee for making a formal complaint is £360.
Additional information
Hedges overhanging onto a public road or pavement
You should contact the Department for Infrastructure. Further information is available at: Roadside grass cutting, weeds and overgrown hedges or trees | nidirect
Hedges overhanging into your property
You can legally cut back any part of a neighbour's hedge that overhangs onto your property. If you decide to do this, you must only cut back to the boundary line, ensure you do not cause any damage to the hedge, and should offer to return any branches and foliage to your neighbour. You must not reduce the height of the hedge. You must ensure the hedge or trees do not have a Tree Preservation Order and observe the nesting season restrictions.
Council do not cut trees on private property. If you have an issue with a tree which is located on Council property, please contact our Parks and Cemetries Service.
For further information contact Licensing and Regulatory Services on 0300 013 3333 or by emailing licensing@ardsandnorthdown.gov.uk
