Householders warned over £5,000 fine for breaking 9am gardening rule

Daily Record

29-05-2025

Gardeners should avoid mowing their lawn very early in the morning or late at night to avoid any complications.
Gardeners are being warned not to cut their grass too early or risk being slapped with a £5,000 fine. From early morning lawn mowing to loud parties and DIY renovations, experts have revealed the legal complications of springtime activities.
While most people assume they are free to mow their lawn whenever they want, the legal reality is more nuanced. Daniel McAfee, Head of Legal Operations at Lawhive said: "There is no nationwide restriction on when individuals may cut their grass; however, the Environmental Protection Act 1990 provides local authorities with powers to address noise that constitutes a statutory nuisance.
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'To be more precise, noise that is excessive, unreasonable, and persistent, particularly during unsociable hours, can result in abatement notices, fines up to £5,000, and in some cases, even prosecution.'
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To stay within legal bounds during gardening work, Daniel advised avoiding very early or late hours. He added: "Generally speaking, it's safest to operate noisy tools between 9am and 7pm."
Daniel's top tips to stay within legal bounds during garden work:
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Notify neighbours in advance of using machinery like hedge trimmers or pressure washers.
Opt for quieter tools where possible.
Limit duration and avoid back-to-back noisy days, especially on weekends.
Consider your neighbours' specific circumstances (e.g., shift workers, infants), and adjust accordingly.
Social events and garden gatherings during unsociable hours can also land householders in trouble.
Daniel added: "The Noise Act 1996 provides supplementary powers that local authorities may choose to implement specifically for night hours — defined in law as 11:00 pm to 7:00 am. While implementation of the Noise Act is voluntary for councils, many have adopted these provisions to address excessive domestic noise during night hours.
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"For the avoidance of doubt, a statutory nuisance can arise at any time of day, provided the noise is both unreasonable and substantially interferes with the use or enjoyment of another person's home, or is likely to cause harm to health. Beyond council action, private civil claims for nuisance may follow, including applications for injunctions and compensation.'
If you break any of these rules, you could end up with an abatement notice - basically an official warning requiring the offender to stop the noise disturbance.
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If you ignore it then you take the risk of being taken to court and given a fine of up to £5,000. These measures aim to maintain community peace and ensure that noise disruptions are kept under control.
DIY and renovation projects are another frequent source of tension between neighbours, particularly when carried out over long periods or outside of daytime hours.
Daniel added: "Renovation noise is generally lawful but becomes problematic when it is excessive and poorly timed. Again, the Environmental Protection Act 1990 applies, and failure to heed warnings can result in abatement notices or civil claims."