Summer vegetation growth: hedges and trees could land homeowners with fines

Trees and roadside foliage can enhance the appearance of community streets, but when branches, hedges and vegetation overhang roads, they can create hazards.

Obstructed road visibility, signs and markings can even lead to legal issues if not addressed.

In this guide, we explain the laws and potential fines.

What are the rules around vegetation on your property that could block signs?

Under Section 154 of the Highways Act 1980, if vegetation on your property overhangs a public road or pavement, or blocks visibility of road signs, junctions or streetlights, you are legally obligated to cut it back.

The local highway authority may serve a notice upon the landowner to remove the vegetation within 14 days.

Failure to do so can result in the local authority performing the necessary works and recovering the costs from the landowner.

Whose responsibility is it to keep it clear?

Legal responsibility lies with the landowner or the occupier of the land from which the vegetation is growing. Don’t assume that it’s the job of the local council.

What are the laws surrounding vegetation blocking signs and pavements?

The local authority can:

• Serve a Section 154 Notice for the occupier to remove the overhanging vegetation within 14 days of the date of service of the notice.
• Perform the necessary works and recover reasonable costs from the landowner if they fail to comply with the notice.
• Prosecute under Section 137 of the Highways Act for wilfully obstructing a highway (penalty of up to 51 weeks imprisonment or a level 3 fine capped at £1000 per offence).

Can someone report a blockage? How do they do this?

Anyone can report a blockage via:

• Gov.uk tool to report obstructions on the road - https://www.gov.uk/report-obstruction-road
• For motorways, an online reporting tool to contact National Highways - https://report.nationalhighways.co.uk/
• Local authority online reporting tools available on local authority websites
• Alternative websites and apps such as FixMyStreet - https://www.fixmystreet.com/

Is there an appeal process?

It is possible to appeal a Section 154 Notice through your local Magistrates Court within 14 days of having received the notice.

Landowners are at liberty to report their obstructions to the council prior to receiving a Section 154 Notice, though costs may still be applicable.

The appeal is essentially a request for the court to review whether the council was reasonable in issuing it.

During the appeal, the homeowner can explain why they believe the notice is incorrect, for example, if the vegetation does not obstruct the highway, if the council has made an error, or if the owner believes the timeframe is unreasonable.

The court will then decide whether to uphold, amend, or cancel the notice. Until the court makes a decision, the notice is usually paused, meaning the council should not take enforcement action during that period.

What about bins blocking pavements or roads?

This could be considered a civil nuisance under the Environmental Protection Act 1980 Section 46a.

Under Section 46a the local authority can:

• Issue a warning letter to the owner of the bins explaining what the problem is, what they need to do to fix the problem and how long they have to comply.
• If they don’t comply you can be issued with a Notice of Intent. This names the householder and explains they may get a fixed penalty charge and why. They have the right to explain why they shouldn’t have to pay the penalty within 28 days of the notice.
• 28 days after the Notice of Intent, a fixed penalty notice can be issued (up to £80 or equivalent) if bins are obstructing the path for the use of wheelchairs or prams and/or left out for days attracting vermin.

RAC advice for overgrown hedges and vegetation

Staying on the right side of the law is straightforward, but summer’s rapid plant growth means problems can creep up quickly.

A few simple habits can prevent complaints, council notices and unexpected costs.

Here is the RAC’s expert advice to avoid fines from the local authority:

• Check your boundaries regularly: Walk the edge of your property every couple of weeks during summer. Look for branches or hedges creeping over pavements, cycle paths or the road, and trim them before they become an obstruction.
• Keep sightlines clear: Make sure vegetation doesn’t block road signs, streetlights, junction views or house numbers. If you can’t clearly see a sign from the pavement, drivers probably can’t either.
• Trim back to the boundary: Cutting only the overhanging section often means it grows back quickly. A deeper trim keeps you compliant for longer and reduces the risk of repeat notices.
• Avoid trimming during rain or storms: Wet branches sag lower and can give a misleading impression of how much clearance you have. Check again once they’ve dried.
• Consider accessibility needs: Wheelchair users, people with visual impairments and parents with prams need more space than you might think. Pavements should remain fully passable without forcing anyone into the road.
• Act quickly if you receive a warning: Councils usually give 14 days to fix the issue. Responding promptly avoids enforcement action and prevents the council doing the work and billing you.
• Keep bins tucked away: Don’t leave bins out for days in summer heat, when they’re more likely to attract vermin. Ensure they don’t block pavements or narrow walkways.
• Report issues early if you can’t manage the work. If you’re unable to cut back vegetation yourself, contact the council before a notice is issued. Costs may still apply, but you avoid escalation or penalties.

Drivers accidentally break speed limit as overgrown foliage obscures road signs

One in five drivers (19%) admit they have unintentionally exceeded the speed limit because a road sign was hidden by overgrown foliage.

The issue appears to be widespread, with RAC research showing that 94% of motorists have encountered road signs obscured by trees, hedges or hanging branches. More than half (51%) say they see signs blocked in this way on a regular basis.

Speed limit signs are the most commonly affected, followed by stop and give-way signs. The consequences can be significant, with 21% of drivers saying they have missed a turn due to obscured signage, 13% forced to brake suddenly, and 5% admitting they have failed to give way because they couldn't see the sign in time.

Road signs are not the only casualty of unchecked plant growth. Four in five motorists (80%) say overgrown vegetation has restricted visibility at junctions or roundabouts, making it harder to pull out safely.

With recent rainfall expected to encourage further growth after a prolonged dry summer, the RAC is urging homeowners to ensure trees, hedges and shrubs bordering roads and pavements are kept under control. Aside from creating a potential safety hazard for road users and pedestrians, neglected vegetation could leave property owners facing an unexpected bill from their local authority. More than half (58%) of drivers surveyed were unaware councils have powers to recover these costs.

Under Section 154 of the Highways Act 1980, councils can require homeowners to cut back vegetation that is obstructing a road or pavement, giving them 14 days to carry out the work. If the notice is ignored, the authority can arrange for the vegetation to be removed and charge the homeowner for the cost. In more serious cases, individuals found to be wilfully obstructing the highway under Section 137 of the same Act can face prosecution, with penalties including a fine of up to £1,000 or a prison sentence of up to 51 weeks.

Read more here.