UK homeowners face triggering £5k fine for 'not tidying up enough'

Wales Online

08-08-2025

UK homeowners face triggering £5k fine for 'not tidying up enough'
During the summer, homeowners will be heading out into their gardens to spruce them up, but there's one thing they should all be aware of
Keeping the 'controlled waste' items in their garden for too long could cause problems
(Image: Getty)
Householders are being warned to make sure particular items aren't abandoned in their gardens for extended periods, or they could face penalties. As temperatures rise across the UK, numerous property owners will be venturing into their outdoor spaces to spruce them up as part of home improvement work and make the most of the pleasant weather.
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However, gardening specialists at Decking Superstore caution that residents could find themselves in hot water if their gardens aren't maintained to a sufficient standard and certain common items are left scattered about. Homeowners are being advised to inspect their gardens for certain items that might appear innocent but could land them in legal difficulty, reports the Mirror.
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The gardening specialists reveal they've witnessed many homeowners inadvertently breach environmental regulations without realising, such as abandoning heaps of earth, rubble, or general garden waste in their outdoor areas. "People think it's fine to leave a mound of soil or a few broken bricks in the corner of the garden," a spokesperson said. "But, councils may view that as controlled waste. It might not feel like fly-tipping - but under the law, that's exactly how it can be treated."
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What does the law say?
Under the Environmental Protection Act 1990, soil, rubble, and most garden waste are classified as 'controlled waste'. This means it must be disposed of legally and responsibly. Even when the material sits on your own property, allowing it to remain there indefinitely can trigger enforcement action, particularly if it creates a nuisance, draws pests, or spreads onto neighbouring land or public walkways. Where waste is deemed to be fly-tipped or stored illegally, households face fines of up to £400. More severe cases result in prosecution with maximum penalties of £5,000 or even jail time.
The controlled waste Environmental Protection Act 1990 outlines the obligations of businesses and people to protect the environment. It also details the enforcement procedures and penalties for failing to comply. This encompasses the requirement for a waste management license, litter violations, and national waste strategies applicable to England, Wales, and Scotland.
If waste is judged to be fly-tipped or illegally stored, households could be fined up to £400
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When the material poses a health or environmental risk, such as attracting rodents or blocking access, councils can also serve a statutory nuisance notice under Section 79 of the same Act. Ignoring the notice can lead to further legal proceedings.
The matter extends beyond this. The landlord advice team at First 4 Landlord Advice also highlight that the Town and Country Planning Act 1990 empowers councils to demand cleanup where a garden or outdoor space is considered to be damaging the neighbourhood's appearance.
Sometimes, this can even result in Section 215 enforcement, where property owners are legally compelled to tidy their land or face court action. "It doesn't have to look like a rubbish dump for enforcement to happen," the spokesperson explained. "If something is clearly not being used, is unsightly, or is attracting complaints, you could get a visit from your local authority."
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In some cases, homeowners can be legally ordered to tidy their land
What shouldn't you leave in your garden (or risk a fine)?
A team of gardening experts has put together a list of common garden items that could land you in hot water if left out for too long:
Mounds of soil or rubble – Often viewed as controlled waste if left unattended. Damaged slabs, bricks, or concrete – Legally considered as construction waste. Old garden furniture – Particularly if it's broken, rotting, or clearly abandoned. Rusty tools or equipment – Could be perceived as environmental hazards if left outdoors. Decaying wood or decking – Might attract pests or pose safety risks. Plastic grow bags, plant pots or trays – Especially if they're not being used and are scattered about. Overgrown or unmanaged waste piles – Such as heaps of leaves, cuttings or twigs. Unused barbecues, appliances, or building materials – If they're not part of an ongoing project.
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What is generally fine (if managed properly)?
There's no law against using your garden for personal projects, so the following are typically permitted, as long as they're kept tidy and don't cause harm:
Functional compost bins (with lids).
Neatly stored DIY or gardening materials.
Potted plants, growing containers, and patio furniture in use.
Neatly stacked firewood (not excessive or rotting).
Gardening tools stored in a shed or lean-to.
There's no law against using your garden for personal project
(Image: Getty)
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A simple way to stay safe:
The experts' guidance is straightforward: avoid leaving heaps of soil, bricks, broken slabs, or waste material scattered around your garden - even if you plan to use it later. If it's not part of an ongoing project and appears neglected, tackle it without delay.
They suggest that you could legally dispose of materials by employing a licensed waste carrier or visiting your local rubbish tip. They also advise carrying out a swift monthly inspection of your garden to prevent any build-up of clutter.
"A tidy garden isn't just about aesthetics - it's a legal obligation. What might seem like a minor mound of dirt today could result in a fine tomorrow," the spokesperson commented. "I always play music while I'm working. It transforms cleaning into dancing - and it never feels like a chore."