New law passed in Scotland to govern how high hedge disputes are resolved

Under the High Hedges (Scotland) Bill (20-page / 537KB PDF) a 'high hedge' is defined as one which "is formed wholly or mainly by a row of two or more trees or shrubs, rises to a height of more than two metres above ground level, and forms a barrier to light". Hedges that grow to about two metres in height would not be said to be 'forming a barrier to light' if there are "gaps" that "significantly reduce its overall effect as a barrier" at heights above the two metre threshold.

If domestic property owners consider that the height of a high hedge in a neighbouring property "adversely affects the[ir] enjoyment" of  their property which they can "reasonably expect to have" then they can apply to their local authority for a notice that the authority can issue to compel property owners to take action to resolve the issue with their hedge. Neighbours may only make those applications if they have taken "all reasonable steps" to resolve the dispute in line with local authority guidelines.

If property owners fail to take action specified under the terms of the local authority's high hedge notice, the authority can itself take action to alter the hedge. The Bill sets out the procedures local authorities must follow when considering whether to issue a notice as well as the rights of appeal of hedge owners.

The Bill has still to receive Royal Assent, but it is expected to come into force some time in the first half of next year, according to a report by Scottish Legal News.

"High hedge disputes are a fairly rare occurrence, but when they happen, they can spiral out of control and be a source of great concern for those involved," Scotland's Minister for Local Government and Planning Derek Mackay said, according to the report. "Legislation on high hedges has been a long time coming. I think that this fact itself highlights just how difficult the issue is to resolve."

Mackay said that guidance on the terms of the Bill would be produced for local authorities prior to the new law coming into effect.