Garden lore or garden law: 7 myths you probably believe (but shouldn’t!)

Think you know garden law? Think again. Some of the most widely believed ‘rules’ about fences, trees, and planning permissions are completely wrong—and could land you in trouble.

Can you really cut down any tree in your garden? Do you automatically own the fence on the left? And what happens if you accidentally break a garden regulation?

We’re busting 7 of the most common myths about garden laws, so you don’t get caught out by fiction.

1. Do you need planning permission for a shed or garden office?

Many homeowners assume they can install any shed or garden office without restriction. While permitted development rights allow for certain structures, there are key limitations.

Fact vs. fiction

Fiction: "You can put up any size shed at the back of your garden."

Fact: Your shed must comply with size and height limits:

• It must not cover more than 50% of your total garden space.

• Closer than 2 metres to a boundary? Maximum height 2.5 metres.

  Further than 2 metres from a boundary?

  • Up to 15 square metres – no extra rules.

  • 15 square metres to 30 square metres – must be at least 1 metre from a boundary.

  • Over 30 square metres? You need planning permission.

    Flat roof max height: 3 metres. Dual-pitched roof max height: 4 metres.

• If your home is listed or in a conservation area, stricter rules apply.

  
  

Tip: Always check with your local planning authority before installing a garden building.

2. Can you cut down any tree in your garden?

Fact vs. fiction

Fiction: "If a tree is in your garden, you can cut it down."

Fact: If a tree is protected by a tree preservation order (TPO) or is in a conservation area, you must get permission before removing or pruning it.

How to check if a tree is protected

Contact your local planning authority (LPA) or check their website—many councils have interactive maps showing TPOs.

Fines for illegal tree removal

Removing a protected tree without permission can lead to fines of up to £20,000.

Fact vs. fiction

Fiction: "If a tree overhangs your garden, you can chop it down."

Fact: You can cut back overhanging branches only to your boundary line

Tip: Even if a tree isn’t protected, always check before removal to avoid legal issues as it’s preferable to gain consent from the tree owner

3. Who owns the fence between two properties?

Fact vs. fiction

Fiction: "You automatically own the fence on the left-hand side of your garden."

Fact: Fence ownership is determined by property deeds, not by a general rule.

How to check who owns the fence

Look at your title plan – it will show T-marks to indicate which boundary belongs to which property. If no ownership is marked, responsibility is usually shared between neighbours.

Fence height rules

• Up to 2 metres high is allowed without planning permission.

• Next to a public road or footpath? The height limit is 1 metre.

• Listed buildings and conservation areas may have further restrictions. Some roads and areas have strict local guidance

Fact vs. fiction

Fiction: "You can paint or attach things to your neighbour’s fence."

Fact: You must ask permission before making any changes to a fence you don’t own.

Tip: Always discuss boundary matters with neighbours to avoid disputes.

4. Can you pave over your entire front garden?

Fact vs. fiction

Fiction: "You can pave over your entire front garden without permission."

Fact: If you pave more than 5 square metres with non-permeable materials (e.g., concrete, standard block paving), you must have proper drainage or apply for planning permission.

5. Can you drain rainwater into public sewers?

Fact vs. fiction

Fiction: "You can connect garden drainage pipes directly into public sewers."

Fact: Redirecting rainwater into the public drainage system without permission is illegal.

SuDS-approved drainage solutions

If you’re installing a new patio, driveway, or hard surface, you can avoid planning permission by using:

• Permeable paving (e.g., porous blocks, resin-bound gravel)

• Soakaways (a drainage pit to absorb rainwater)

• Rain gardens (planted areas that collect and absorb water)

Tip: If your garden is prone to flooding, consult a professional to ensure compliance with SuDS regulations.

6. Can your neighbour force you to cut your hedge?

Fact vs. fiction

Fiction: "If my hedge grows into my neighbour’s garden, they can make me cut it."

Fact: Your neighbour **can** trim overhanging branches but **cannot** force you to cut your hedge unless they employ it breaks High Hedges regulations.

The High Hedges Regulations in the UK are part of the Anti-social Behaviour Act 2003 (Part 8) and provide a legal framework for resolving disputes about high hedges that affect a neighbour’s enjoyment of their property. These only apply to evergreen hedges not deciduous

7. Can your neighbour block your sunlight?

Fact vs. fiction

Fiction: "My neighbour can build anything and block my sunlight."

Fact: The Right to Light law states that if a window has had natural light for 20 years, new structures cannot block it significantly.

Need expert advice on garden planning, drainage, and landscaping?

At Flourish Landscaping, we design and build stunning outdoor spaces while ensuring all installations comply with legal and environmental regulations. Whether you’re adding a garden office, managing tree preservation, or improving drainage, our team is here to help.

Get in touch today for expert advice and a free consultation →