Gardener warns rule that starts in May 'could see you fined'

With warmer weather finally here, many gardeners will be heading outside to tackle overgrown hedges and shrubs - but experts are warning that one common job could put you at risk of fines. Noah Mabey, Senior Gardener at Thornbridge Hall, said gardeners need to be cautious this month. He said: “Gardeners need to take extra care this month, as May marks peak nesting season across the UK. Heavy pruning should be avoided until bird nesting season finishes in September.” Under the Wildlife and Countryside Act 1981, it is an offence to damage or destroy an active bird’s nest, making it essential for gardeners to check thoroughly before carrying out any pruning work. Fines and penalties for breaking this law could be severe. Noah, Horticultural Advisor to Platinum Spas , said: “May is one of the busiest times of year for garden wildlife, so it’s really important to slow down before you start cutting anything back. “One of the most important things to remember is that it’s nesting season. Always check carefully before doing any pruning, especially with hedges or dense shrubs. Major cutting back should be left until September.” Birds often build nests deep within foliage, making them almost impossible to spot at a glance - particularly in well-established hedges or climbing plants. Noah said: “Even in the smallest gardens, wildlife finds a way. You’d be surprised what’s hidden in the foliage - I’ve come across nesting birds while working in the busiest parts of the garden. “I even found a blackbird’s nest right by my potting bench, which I had to leave alone.” While heavy pruning should be avoided until nesting season finishes in September, there are still plenty of safe jobs gardeners can get on with in May. Noah said: “Lighter tasks like deadheading flowers or gently trimming soft growth can still be done, but the key thing is to always check plants thoroughly before you start. “Even a quick tidy-up can disturb a nest if you’re not careful. Taking a moment to check properly can make all the difference during this crucial time for wildlife.” You could also get into trouble In the UK pruning neighbours' plants. Yyou have a common law right to prune branches or roots encroaching into your garden up to the boundary line but you cannot trespass to do this, nor damage the tree's health. Protected trees (TPO) or conservation area trees require council permission. Key Legal Rules for Pruning: The Boundary Line: You can only cut up to the boundary line. Going over this line, or cutting down the tree, can lead to charges under the Criminal Damage Act 1971. Trespass: You cannot enter your neighbour’s land to prune; you must work from your side. Waste Disposal: Cut branches are the property of the tree owner. You must offer the arisings back to your neighbour, though you can ask if they want you to dispose of them. Throwing branches back onto their property can constitute fly-tipping. Protected Trees & Areas: Check with your local council to see if trees have a Tree Preservation Order (TPO) or are in a Conservation Area. Wildlife and Countryside Act 1981: It is illegal to intentionally destroy a nest that is in use. Avoid major pruning between March and August. High Hedges: According to GOV.UK guidelines, complaints can be made if a hedge is over 2 meters tall and is affecting light or access to your property.