Neighbour tree law in Scotland: high hedges

This page reports what the official source says. It is not legal advice: ask the office named here. It describes the Scottish high hedge law as read on October 8, 2026 on legislation.gov.uk and gov.scot.

Contains public sector information licensed under the Open Government Licence v3.0. The wording below restates the Act and the guidance, and a short phrase in quotation marks is the source's own.

What counts as a high hedge

Section 1 says the Act applies to a hedge that is formed wholly or mainly by a row of 2 or more trees or shrubs, rises to a height of more than 2 metres above ground level, and forms a barrier to light. A hedge is not a barrier to light if gaps significantly reduce its overall effect as a barrier at heights of more than 2 metres. Section 1(3) says no account is taken of the roots of a high hedge. The Scottish Act says "barrier to light", where the English and Welsh Act says "barrier to light or access", and it counts any row of trees or shrubs, not only evergreens.

The application

Section 2 lets an owner or occupier of a domestic property apply to the relevant local authority for a high hedge notice where the applicant considers that the height of a high hedge on land owned or occupied by another person adversely affects the enjoyment of the property which an occupant could reasonably expect to have. Section 3 requires the applicant to take all reasonable steps to resolve the matter first, having regard to any guidance the authority has issued. Section 5 says the authority must dismiss an application where it considers the applicant has not done so, or that the application is frivolous or vexatious.

Section 4 covers the fee. The application comes with a fee of the amount, if any, that the authority fixes. The authority may fix different fees for different applications, and a fee must not exceed what the authority considers represents its reasonable costs of deciding an application. It may refund a fee, and it must publish the circumstances in which a refund may normally be appropriate. The guidance for councils on gov.scot says the Act does not set a standard fee, that fees should aim to cover the reasonable costs of considering the application, and that the legislation "is not intended to generate an income" for councils.

How the authority decides

Under section 6 the authority gives every owner and occupier of the neighbouring land a copy of the application and a notice. Each of them has 28 days from the day the notice is given to make representations, and the authority passes any to the applicant and takes them into account. After the 28 days it decides whether the height of the hedge adversely affects the enjoyment of the property that an occupant could reasonably expect, and if so whether initial action, preventative action or both should be taken by the owner. In deciding, section 6(7) says the authority must have regard to all the circumstances, including the effect of the hedge on the amenity of the area and whether the hedge is of cultural or historical significance. Where the hedge stands in a National Park, section 6(8) requires the authority to consult the National Park authority.

The guidance adds that the level of enjoyment the authority considers reasonable may differ from what the applicant considers reasonable. It points to the British Standard code of practice for daylighting as a guideline for rooms, says that code does not apply to gardens, and refers to the Building Research Establishment document Hedge Height and Light Loss. It says that on a level site a hedge with a height of 2 metres will usually give privacy from a neighbouring ground-floor window, and that a hedge can give shelter from the wind for a distance of 8 to 10 times its height.

The notice, appeals and enforcement

Section 8 says a high hedge notice names the hedge, the neighbouring land and the domestic property affected, the date it takes effect, the initial action and the compliance period, and any preventative action. The date must be at least 28 days after the notice is given. Section 9 says a notice binds every person who is for the time being an owner of the neighbouring land. Section 11 says a tree preservation order has no effect on the initial action or preventative action a notice specifies.

Section 12 lets the applicant appeal to the Scottish Ministers against a decision that there is no adverse effect or that no action should be taken. It lets every owner and occupier of the domestic property and of the neighbouring land appeal against the issue, withdrawal or variation of a notice. An appeal goes in within 28 days of the authority's notification. Under section 13 a notice has no effect while an appeal against it is pending.

Section 22 lets a person authorised by the authority enter the neighbouring land and take action a notice requires that has not been taken, after at least 14 days' notice to every owner and occupier. Section 25 lets the authority recover its reasonable expenses from any owner of the land. Sections 21 and 24 make it an offence intentionally to prevent or obstruct an authorised person, with a fine not exceeding level 3 on the standard scale, which the guidance puts at £1,000.

Overhanging branches and protected trees

The guidance says the Act deals only with applications about the height of a hedge, not overhanging branches or the width of a hedge. It says common law already gives people the right to cut back branches hanging over their property, but not to reduce the height without the owner's permission, as long as they offer the cuttings to the owner, unless the owner gives permission to cut. For a hedge that includes trees under a tree preservation order or in a conservation area, the guidance says the authority will consider the cultural and historical significance of those trees. See the guide on tree protection orders, bylaws and permits and the neighbour tree law overview for the other places.