Hedge Cutting Rules UK 2026

Why Hedge Cutting Regulations Matter More Than Ever in 2026

In short: in England and Wales it's an offence to intentionally take, damage or destroy a wild bird's nest while it's in use or being built (in Scotland, recklessly too), so check before you cut, above all from 1 March to 31 August, and record it. In England, farm hedgerows can't be cut or trimmed from 1 March to 31 August, with limited exceptions; in Wales and Scotland, the farm payment scheme rules ban it in the same months. In England and Wales, removing a countryside hedgerow can need a removal notice to the council.

Hedgerows and boundary hedges are among the most legally complex features an arborist or landowner can encounter. Get the timing wrong and you risk a criminal prosecution under the Wildlife & Countryside Act 1981 or, for farm hedgerows in England, the Management of Hedgerows (England) Regulations 2024. Remove a hedgerow without the right notice and you risk a fine and a notice to plant a replacement hedgerow under the Hedgerows Regulations 1997; in cases involving protected trees, you risk action from your local planning authority.

With nesting season running from March through to August, this is an area of arborist law where a mistake can become a criminal matter.

This guide covers the key rules for England and Wales in 2026, who they apply to, and how to work safely within the law.

The Wildlife & Countryside Act 1981 — Section 1: Nesting Bird Protection

The key law in England and Wales is Section 1 of the Wildlife & Countryside Act 1981 (Scotland has a wider version of the same section, see below. Northern Ireland has its own law, the Wildlife (Northern Ireland) Order 1985, which this guide doesn't cover). It is a criminal offence to:

Intentionally kill, injure, or take any wild bird
Intentionally take, damage, or destroy the nest of any wild bird while it is in use or being built
Take or destroy an egg of any wild bird

This applies regardless of the bird species — it covers common garden birds (wrens, blackbirds, robins, sparrows) just as it covers protected Schedule 1 species. "Nest" is defined broadly: a nest being built counts, even if no eggs have been laid.

Key implication for hedge cutting: if you know a bird is nesting in a hedge, cutting it in a way that damages or destroys that active nest is an offence. There is no blanket safe-cut season written into the Act itself — the law is species- and site-specific. However, the practical nesting risk window is:

Period	Risk Level
1 March – 31 August	HIGH: the main nesting and breeding season; some birds are still breeding in August
1 September – end of February	LOWER: most nests are no longer in use; still check before you cut

The usual wildlife advice is to avoid cutting hedges between 1 March and 31 August unless:

A competent person has surveyed the hedge and confirmed no active nests are present, or
The works are genuinely urgent for health and safety reasons (which must be documented)

This guidance is not a legal exemption — it is a risk-management protocol. If you cut during the exclusion window and a nest is damaged, in England and Wales the prosecution has to prove you acted intentionally (WCA 1981 s.1(1)), though disturbing a Schedule 1 bird while it's building a nest, or at a nest with eggs or young, is an offence if done intentionally or recklessly (s.1(5)); but if you rely on the incidental-result defence (below), it's for you to show the damage was the incidental result of a lawful operation and could not reasonably have been avoided. For farm hedgerows in England, though, a survey doesn't make cutting in this window lawful: cutting or trimming them between 1 March and 31 August is banned unless one of the exceptions in the Management of Hedgerows (England) Regulations 2024 applies (see below).

Defences and Exemptions

The Act provides a limited set of defences:

Incidental result — in England and Wales, if the act was the incidental result of a lawful operation and could not reasonably have been avoided (WCA 1981 s.4(2)(c)). It's for you to show both. In Scotland the defence has different conditions (s.4(2A)).
Disabled/injured bird rescue — not relevant here.
Licensed works — Natural England (Natural Resources Wales in Wales) can issue licences for a short list of purposes under s.16. None covers routine hedge trimming.

In England and Wales the nest offence covers taking, damaging or destroying an active nest intentionally; in Scotland it also covers doing so recklessly (WCA 1981 s.1). Check before you cut, and record what you found.

The Management of Hedgerows (England) Regulations 2024 — the Cutting Ban on Farm Hedgerows

In England, the Management of Hedgerows (England) Regulations 2024 (SI 2024/680, in force since 23 May 2024) ban cutting or trimming hedgerows growing on agricultural land (and some on adjoining land) between 1 March and 31 August, with limited exceptions.

Which hedgerows (reg 3): any hedgerow "growing on land used for agriculture" (including one on adjacent land owned by the hedgerow's owner) that has "a continuous length of 20 metres or more", or is shorter but meets another hedgerow at each end. A hedgerow "within the curtilage of, or marking a boundary of the curtilage of, a dwelling house" is not covered. The Regulations call a covered hedgerow "important" (reg 4); that isn't the same test as "important" under the 1997 Regulations.
The ban (reg 6(1)): "The cutting and trimming of an important hedgerow is prohibited during the period beginning with 1st March in any year and ending on 31st August in that year, inclusive of those dates".
The exceptions (reg 6(2) and (3)) include a hedgerow that overhangs a highway, road or footpath over which there is a public or private right of way and "obstructs the passage of, or is a danger to users"; one that "obstructs the view of such users or the light from a public lamp"; and one that is "dead, diseased, damaged or insecurely rooted" and likely to fall onto a highway, road or footpath. They also cover hedge-laying or coppicing from 1 March to 30 April, trimming a newly laid hedgerow by hand within six months of laying, cutting in August to sow oilseed rape or temporary grassland after notifying the Regulator in writing (in law the Secretary of State, reg 2; in practice the Rural Payments Agency, per the RPA's guidance), cutting "in the interests of human or animal health and safety", treating serious plant-health harm or pest or weed infestation, statutory activities, and cutting with the Regulator's written permission.
Using an exception: the RPA's guidance says you must keep a record of all works you carry out under an exception, be able to show how and why you relied on it, and "only cut or trim the parts of the hedgerow that are needed for that exemption" (Hedgerow management rules: cutting and trimming).

These rules apply in England only; the rules in Scotland and Wales differ. Separately, the nest offence above still applies to every hedge, inside the ban period or not, so check before cutting in the nesting season.

The Hedgerows Regulations 1997 — When You Need Planning Permission

Separate from the Wildlife & Countryside Act, the Hedgerows Regulations 1997 control the physical removal of hedgerows in England and Wales. These do not apply to trimming and cutting — only to uprooting or removal. (Cutting and trimming farm hedgerows in England is covered by the 2024 Regulations above.)

When do the Hedgerows Regulations apply?

The Regulations apply to any hedgerow that is (reg 3):

Growing in, or next to, common land (including village greens), protected land (an SSSI or local nature reserve), or land used for agriculture, forestry or keeping horses, ponies or donkeys
At least 20 metres long, or shorter but joining another hedgerow at each end

Hedges in, or marking the boundary of, a house's garden (curtilage) aren't covered. Age only matters for whether a hedgerow is "important": it must be 30 years old or more and meet one of the Schedule 1 criteria (reg 4).

If both criteria are met, the owner (or a farm tenant) must send the local planning authority a hedgerow removal notice. The hedgerow can be removed once the LPA agrees in writing, or after 42 days if it hasn't served a hedgerow retention notice, and within two years (reg 5).

Important categories: A hedgerow that has existed for 30 years or more is "important" if it meets at least one of the criteria in Part II of Schedule 1 to the Regulations (reg 4), which include:

It marks the boundary of a parish or township that existed before 1850
Incorporates an archaeological feature that is a scheduled monument or on the Sites and Monuments Record
Has at least 7 woody species, or 5 or 6 with features such as a bank, a ditch or standard trees, counted in 30-metre stretches (one fewer in some northern counties)
Contains, or is recorded as having contained, species listed in Schedule 1 Part I (birds), Schedule 5 (animals) or Schedule 8 (plants) of the Wildlife and Countryside Act 1981, or in certain Red Data Books
Is part of a field system that pre-dates the Inclosure Acts

An important hedgerow can't be removed if the LPA gives a hedgerow retention notice, and the LPA must give one unless it's satisfied the removal is justified (reg 5(5) and (9)). Unlawful removal is a criminal offence, and the landowner can be required to replant.

Trimming vs removal

Trimming is not removal. Annual or periodic cutting back to maintain the hedge profile does not require a Hedgerow Removal Notice. However, cutting so severely that the hedge is killed ("butchering") can count as removal: in the law behind the Regulations, to "remove" a hedgerow means to "uproot or otherwise destroy" it (Environment Act 1995 s.97(8)).

Tree Preservation Orders and Hedges

Tree Preservation Orders (TPOs) can apply to trees that form part of a hedge. A TPO protects individual trees, not the hedge as a linear feature — but if the hedge contains TPO'd trees, their pruning or removal requires written consent from the local planning authority (LPA) before any works commence (in England, a dead tree needs 5 working days' written notice instead).

Similarly, trees in Conservation Areas, including hedgerow trees, are protected under §211 of the Town and Country Planning Act 1990, which covers trees, not hedgerows as such. Before cutting or removing any tree with a trunk diameter of more than 75mm (at 1.5m height) in a Conservation Area, you usually need to submit a Section 211 Notice and wait until the LPA consents or 6 weeks pass (s.211(3)). In England, the exceptions are in TPO Regulations 2012 reg 15: for example, cutting down a tree of up to 100mm diameter solely to improve the growth of other trees. Wales has its own rules, so check with the council there. In England, check whether felling hedgerow trees needs a felling licence (GOV.UK).

Practical tip: always check your LPA's online mapping portal before starting work in a Conservation Area or on hedges that may include mature trees. Many councils have an online map of TPOs and conservation areas; if yours doesn't, ask them.

Hedge Height and Neighbours: the High Hedges Rules

If a neighbour's hedge is too tall, the owner or occupier of a home can complain to the council, but only about a line of two or more trees or shrubs over 2 metres high, and only after trying to settle it with the neighbour first. In England, Wales and Northern Ireland the hedge must be mostly evergreen, and the council can order it cut back and kept to a height, but never below 2 metres, and can't order it removed. Scotland's law sets neither limit: its guidance says a council can decide a hedge should be cut below 2 metres or removed.

Everything in this section was checked on the legislation and the official pages on 25 October 2026.

England and Wales

The rules are in Part 8 of the Anti-social Behaviour Act 2003:

What counts as a high hedge: so much of a barrier to light or access as "is formed wholly or predominantly by a line of two or more evergreens" and "rises to a height of more than two metres above ground level". Semi-evergreens count as evergreens (s.66). A single tree or shrub doesn't count, and a hedge with gaps that significantly affect it as a barrier above 2 metres isn't a high hedge (GOV.UK: High hedges: complaining to the council).
Who can complain: the owner or occupier of a home, when the height of a hedge on someone else's land is affecting their reasonable enjoyment of the home or its garden or yard (s.65, s.67). Complaints about roots aren't covered (s.65(4)).
Try to settle it first: the council can decide not to proceed if the complainant "has not taken all reasonable steps to resolve the matters complained of" without a complaint, or if the complaint is frivolous or vexatious (s.68(2)).
The fee: each council sets its own (s.68(1)). In Wales it can't be more than £320 (High Hedges (Fees) (Wales) Regulations 2004, reg 2). In England, GOV.UK says to check the council's website or complaint form for the amount.
What the council can order: a remedial notice that says what must be done to the hedge and by when, and can require it to be kept to a height afterwards (s.69). The notice can't require "a reduction in the height of the hedge to less than two metres above ground level" or "the removal of the hedge" (s.69(3)). GOV.UK adds that the council can't order action that could kill the hedge.
Appeals: the complainant or the hedge's owner or occupier can appeal, normally within 28 days (s.71): in England to the Planning Inspectorate (GOV.UK), in Wales to the Welsh Ministers (GOV.WALES: high hedges).
If the work isn't done: not doing what the notice requires is an offence, with a fine of up to level 3 on the standard scale (s.75), which GOV.UK puts at up to £1,000. The council can also send someone in to do the work and recover the cost from the owner or occupier (s.77).

Scotland

The rules are in the High Hedges (Scotland) Act 2013, fully in force since 1 April 2014 (SSI 2014/54). They differ from the rest of the UK most in what a council can order:

What counts as a high hedge: a hedge "formed wholly or mainly by a row of 2 or more trees or shrubs" that "rises to a height of more than 2 metres above ground level" and "forms a barrier to light" (s.1). Unlike the rules in England, Wales and Northern Ireland, the definition doesn't say the trees or shrubs must be evergreen, and the Scottish Government's guidance says the Act "covers all types of hedges, including those at a distance from the boundary" (2019 guidance, chapter 2, para 62). Whether a hedge forms a barrier to light is decided case by case, so ask the council whether it qualifies. A hedge with gaps that significantly reduce its effect as a barrier above 2 metres doesn't count, and roots aren't taken into account (s.1(2) and (3)). The Scottish Government's guidance says an application "cannot be made under the Act against single trees or shrubs, whatever their size" (2019 guidance, chapter 2).
Try to settle it first: the owner or occupier of a home "must take all reasonable steps to resolve the matters" before applying (s.3), and the council must dismiss the application if they haven't, or if it's frivolous or vexatious (s.5).
The fee: each council sets its own, and it can't be more than the council considers its reasonable costs of deciding the application (s.4). There's no national figure.
What the council can order: a high hedge notice saying what must be done to the hedge and by when, and any work to stop the problem coming back (s.8). The Act has no 2-metre limit and doesn't rule out removal: the Scottish Government's guidance says the Act "does not prevent local authorities from deciding that a hedge should be removed completely", and that a council "may decide that a hedge should be reduced below 2 metres in height to allow for regrowth" (2019 guidance, chapter 4, paras 130 and 141). A tree preservation order has no effect on the work a high hedge notice requires (s.11).
Appeals: to the Scottish Ministers, within 28 days, by the applicant or by an owner or occupier of the home or of the hedge's land (s.12). A reporter from the Directorate for Planning and Environmental Appeals decides them (2019 guidance, chapter 6), and gov.scot says "There is no fee for this type of appeal" (High hedge appeals: form and guidance).

Northern Ireland

The rules are in the High Hedges Act (Northern Ireland) 2011, in operation since 31 March 2012 (S.R. 2012/20). They're close to the rules in England and Wales:

What counts as a high hedge: a barrier to light "formed wholly or predominantly by a line of two or more evergreens" that "rises to a height of more than two metres above ground level". Semi-evergreens count, and trees growing in forest or woodland of 0.2 hectares or more don't (s.2). Complaints about roots aren't covered (s.1(4)).
Try to settle it first: the council can decide not to proceed if the complainant "has not taken all reasonable steps to resolve the matters complained of", or if the complaint is frivolous or vexatious (s.3(2)).
The fee: each council sets its own, up to £360 (High Hedges (Fee) Regulations (Northern Ireland) 2012, reg 2), and it must be refunded if a remedial notice is issued and takes effect (s.4; nidirect: disputes about high hedges).
What the council can order: a remedial notice, which can't require "a reduction in the height of the hedge to less than two metres above ground level" or "the removal of the hedge" (s.5(3)).
Appeals: to the Valuation Tribunal, within 28 days, by the complainant or by an owner or occupier of the hedge's land (s.7).
If the work isn't done: an offence with a fine of up to level 3 on the standard scale (s.10), and the council can have the work done and recover the cost (s.12).

Cutting a hedge under a notice

The nest offence above still applies to every hedge, notice or not, so check before cutting in the nesting season. In England, GOV.UK says the council "might also have to allow extra time to protect birds nesting in the hedge" (High hedges: complaining to the council, question 25).

Taking a hedge out altogether is a different question from its height: see the Hedgerows Regulations 1997 above (England and Wales; they don't cover a hedge in, or marking the boundary of, a house's garden), and check for TPO trees and active nests first.

Is there a new hedge law for 2026?

Not for high hedges. On 25 October 2026, legislation.gov.uk showed no change to Part 8 of the Anti-social Behaviour Act 2003 since it came into force in Wales (31 December 2004) and England (1 June 2005), no amendment to the Northern Ireland Act, and no change to the Scottish Act's rules (its only amendment, in 2017, is about Crown land). Neither Scotland's nor Northern Ireland's power to change what counts as a high hedge has been used. The newest hedge law in this guide is England's farm-hedgerow cutting ban, in force since 23 May 2024 (above). In Wales, the Sustainable Farming Scheme's 2026 rules (below) are conditions for farmers in the scheme, not a new law.

Good Arboricultural Practice — the Pre-Work Survey

For any hedge work between March and August (and for thorough compliance year-round), a pre-work nesting survey is good practice, and a written record helps show you took care:

Conduct a slow walk-by inspection of the entire hedge face at close range (within 1–2m)
Part the vegetation gently to check for active nests — look for the characteristic cup shape, feathers, moss, or fresh droppings
Check around the base of the hedge for ground-nesting species (yellowhammer, whitethroat, corn bunting)
Document the survey — record the date, time, who carried out the survey, the method, and the result. A written record helps if you're questioned later
If an active nest is found, mark the section and exclude it from the works programme; leave it until the young have left and the nest is no longer in use, then check again

Where works are extensive or involve hedges in ecologically sensitive areas, consider engaging a qualified ecologist to carry out a professional survey with a formal report.

Scotland — Key Differences

Scottish law differs in some important respects:

The Wildlife and Countryside Act 1981 applies in Scotland, but Section 1 is wider there: it also covers acting recklessly, interfering with a nest, and stopping a bird from using its nest
Hedgerows Regulations 1997 do not apply in Scotland — there is no equivalent requirement for Hedgerow Removal Notices in Scots law
The Nature Conservation (Scotland) Act 2004 extends some protections and puts a duty on public bodies to further the conservation of biodiversity (s.1)
Contact NatureScot (formerly SNH) for specific guidance on protected species or habitats in Scotland
Farm payments: farmers claiming rural payments must not trim hedges or lop trees from 1 March to 31 August, apart from a few exemptions, and need the Scottish Ministers' written consent to remove a hedge (GAEC 7)

Wales — Key Differences

The Wildlife and Countryside Act 1981 applies in Wales
Hedgerows Regulations 1997 apply in Wales (enforced by local planning authorities, with Natural Resources Wales as the statutory nature conservation body)
Farm scheme conditions add further restrictions for participating landowners: farmers in the Sustainable Farming Scheme's universal layer must not cut or trim hedgerows (including hedgerow trees) from 1 March to 31 August unless an exception applies (SFS universal layer rules booklet 2026); check scheme agreement conditions before any hedge work. Farmers claiming the Basic Payment Scheme are also under cross compliance, which bans hedge cutting in the same months (GOV.WALES: cross compliance 2026).

Practical Summary for Arborists

Situation	What to do
Client wants hedges cut March–August	Farm hedgerow in England: don't cut 1 March–31 August unless an exception in the Management of Hedgerows (England) Regulations 2024 applies. Farm hedges in Wales and Scotland: the farm payment rules ban cutting in the same months, so check the farmer's scheme. Other hedges: written pre-work nesting survey first; exclude any sections with active nests
Client wants to remove a hedgerow	Check the land type and length (Hedgerows Regulations 1997 reg 3). If the Regulations apply, the owner must give the LPA a Hedgerow Removal Notice, and the hedgerow can't be removed until the LPA agrees in writing or 42 days pass without a retention notice (reg 5)
Work in or near a Conservation Area	Check LPA TPO/conservation mapping; submit §211 Notice for any tree >75mm diameter
TPO trees in a hedge	Apply for written LPA consent before any works
A neighbour complains about a hedge's height	The high hedges rules above: the council can act only on a hedge over 2 metres, after the neighbours have tried to settle it. In England, Wales and Northern Ireland it must be mostly evergreen, and the council can't order it cut below 2 metres or removed; Scotland's law sets neither limit
Urgent safety works during nesting season	Document the emergency justification; survey before work; retain all records
Client claims "it's their land"	Not a defence — the Wildlife & Countryside Act is criminal law that applies regardless of land ownership

Common Enforcement Mistakes

Mistakes that lead to trouble include:

Assuming the work is "low risk" without surveying — wrens nest in dense hedges at ground level and are easily missed
Treating contractor instructions as legal cover — if you're the person operating the machinery, you bear the legal responsibility
Not recording the survey — a verbal check with no written record offers minimal protection
Confusing "no Schedule 1 species" with "no nesting birds" — the Act protects the active nests of all wild birds, and gives Schedule 1 birds extra protection (s.1(5))
Overlooking the Hedgerows Regulations for removal jobs — some contractors are familiar with the Wildlife Act but unaware of the separate planning regime for hedgerow removal

Penalties

In England and Wales, offences under section 1 of the Wildlife & Countryside Act carry up to six months' imprisonment and an unlimited fine. In Scotland the maximum is higher: up to 12 months in prison or a £40,000 fine (or both) in a summary case, and up to 5 years in prison or a fine on indictment (WCA 1981 s.21).

In England and Wales, these offences are investigated by the police and prosecuted by the Crown Prosecution Service (CPS guidance).

In England, cutting or trimming a farm hedgerow covered by the 2024 Regulations during the ban, outside the exceptions, is also an offence: "Any person who cuts or trims an important hedgerow or who causes or permits another person to cut or trim an important hedgerow in contravention of regulation 6 commits an offence" (SI 2024/680 reg 7(2)), punishable by a fine on summary conviction. That covers the contractor who does the cutting as well as whoever arranges it. Enforcement can be by prosecution or by civil sanctions from the Regulator (in practice the RPA): stop notices, compliance notices, restoration notices and variable monetary penalties (reg 10; RPA guidance).

Hedgerows Regulations 1997 offences carry fines (reg 7), and the LPA can give the owner a notice to plant a replacement hedgerow, setting the species and position (reg 8).

Finding Legal Work During the Season

In England, cutting or trimming a hedgerow on farmland is banned from 1 March to 31 August, with limited exceptions (Management of Hedgerows (England) Regulations 2024). Other hedges can be cut in the nesting season, but only with careful survey and exclusion management. Many arborists build nesting-season surveys into their day rate or quote as a line item, which also positions you as a professional who understands the law (a genuine marketing differentiator).

For maintenance clients, consider a seasonal hedge-cutting schedule that front-loads the bulk cutting in September–February and reserves spring/summer work for emergency maintenance and surveying-only visits.

Estate and local authority contracts often specify LANTRA or NPTC-qualified contractors who understand these rules. If you’re self-employed and want sub-contract hedge and estate work with other tree businesses, list your day rate in Subcontracting, or post that you’re available, free, in the forum’s Jobs category.

For more background on the legal compliance landscape for arborist operations, see our guide to PUWER compliance for arborist equipment, which covers the parallel H&S framework for the equipment side of your business.

You can also find the chainsaw certificates of competence in our NPTC chainsaw certifications guide.

Key Resources

Natural England: gov.uk/natural-england — licensing, species surveys, advice
NatureScot (Scotland): nature.scot
Natural Resources Wales: naturalresourceswales.gov.uk
RSPB Guidance: rspb.org.uk
Hedgerows Regulations 1997: legislation.gov.uk/uksi/1997/1160
High hedges (England and Wales): Anti-social Behaviour Act 2003, Part 8; GOV.UK: High hedges: complaining to the council
High hedges (Scotland and Northern Ireland): High Hedges (Scotland) Act 2013; gov.scot: revised guidance 2019; High Hedges Act (Northern Ireland) 2011; nidirect: disputes about high hedges
Wildlife & Countryside Act 1981: legislation.gov.uk/ukpga/1981/69

This article is general information, not legal advice. For specific situations involving protected species, consult a qualified ecologist; for planning matters, consult your local planning authority.