Gardeners warned over cutting hedges this month as they risk a fine

Daily Record

09-05-2025

One little-known law could see householders face an unlimited fine if they trim their hedge in May.
If you're getting your garden sorted for summer it pays to know about a law that could see you hit with an unlimited fine or even jail time. Trimming your hedge this month could see you prosecuted thanks to an environmental law many might be unaware of.
Gardeners are being urged not fall foul if the laws by checking their hedges carefully before setting about them. Before getting the hedge trimmer out, they need to look for birds nesting in the hedge as intentionally damaging a wild bird nest is an offence under the Wildlife and Countryside Act 1981.
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Under the act, farm hedgerows cannot legally be cut between April 1 and August 31 at all, apart from in extreme circumstances. But this would require a licence.
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And while it is legal for homeowners to cut hedges at this time of year, the law states that if it causes a bird's nest to be damaged or destroyed - intentionally or otherwise - then you're still breaking the law.
Experts at Husqvana explained: 'Under Section 1 of the Wildlife and Countryside Act 1981, it's an offence to intentionally damage or destroy a wild bird's nest while it is being built or in use," reports The Express.
"That includes consciously using a hedge trimmer when there is a bird's nest in your hedge, and in the process of doing so, causing the nest to be damaged or destroyed.'
The Royal Society for the Protection of Birds (RSPB) backs this up. Wildlife experts Arbtech have explained how the act is prosecuted in practice.
They said: "Pieces of environmental legislation such as the Wildlife and Countryside Act 1981 as amended are regulated by a combination of the police, Natural England / Natural Resources Wales / Scottish Natural Heritage (based on location), the Environment Agency, the Joint Nature Conservation Committee, the Food, Farming and Countryside Commission (FFCC), the local authorities, the Partnership of Action against Wildlife Crime (PAW), various public bodies, and relevant organisations based on the endangered species in question.
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"It says that a person is breaking that law if they intentionally damage a bird's nest while it's being used or built, and this applies to trimming hedges, saying: 'The moment it becomes active, it is illegal to destroy it'."
Breaking this law could land you an unlimited fine and six months in prison.
The RSPB adds: "The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both.
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"Suffice to say, it is certainly not a risk worth taking.
"Once an action breaking the rules of the Act has been carried out, the offence will inevitably result in a police investigation.
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"The police will enforce part 1 of the Act, as it focuses on the fundamental wildlife protection over wildlife species and what exactly necessitates a breach of the rules.
"In fact, dedicated departments of the police specialise in breaches of environmental and wildlife laws, such as the National Wildlife Crime Unit (NWCU) and Wildlife Crime Officers (WCOs).
"Any law relating to the environment and wildlife are taken just as seriously as any other piece of active legislation.
"Even in respect of a breach of the Act involving a single animal or habitat, the person responsible would be liable to pay a potentially unlimited fine, spend up to six months in prison, or possibly even both."