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High hedges

The size of garden hedges can be the cause of disputes between neighbours. The High Hedges (Scotland) Act 2013, was introduced with the aim of resolving these disputes. It also gives homeowners or occupiers of domestic properties the right to apply for a High Hedge Notice if necessary:

High hedge definition

For trees or shrubs to be considered as a high hedge, they must first be a hedge. This is defined by the Oxford English Dictionary as 'a row of bushes or low trees (such as a hawthorn or privet) planted closely to form a boundary between pieces of land or at the sides of a road'. Both evergreen and semi-evergreen trees and shrubs can also be considered.

The act then defines a high hedge as "a row of two or more trees or shrubs rising to a height of two or more metres above ground level, and forms a barrier to light".

It is not illegal to grow a hedge, leylandii and other vigorous growing plants.

How to get advice

You can get informal advice by sending an email to highhedges@aberdeenshire.gov.uk or by completing our High Hedges enquiry form (PDF 256KB) and sending it to our correspondence address.   

Actions to take before applying for a notice

Making an application for a High Hedge notice is a last resort. You should first take all reasonable steps to resolve the issue yourself.

Reasonable steps include:

  • Bringing the issue to your neighbour's attention and discussing it with them
  • Approach your neighbour at least twice within a six-month period before applying for a high hedge notice
  • If you are not able to communicate with them, you need to attempt mediation - the council offers free mediation services

If these attempts fail, and the hedge meets the definition of a high hedge, you can apply for a high hedge notice. You should keep a copy of any attempts or letters you have sent to your neighbour, with a record of their delivery. If you decide to apply, you will need these to show evidence of the steps you have taken first. 

We can dismiss an application if we consider that you have not taken all reasonable steps to resolve the issue with the neighbour.

Application fee

The fee for making an application is £450 and is not refundable. It covers the cost of considering an application and investigating the matter. 

You need to pay the appropriate fee when you submit your application otherwise we can't process it.

You can pay in different ways:

How to apply

Please complete the application form for a High Hedge Notice (PDF 729KB) and send it to our correspondence address.

View the high hedge privacy notice (PDF 79KB).

Processing applications

We act as independent and impartial arbitrator. We seek to strike a balance between the competing rights of neighbours. We take into account the facts and circumstances of each individual case when making our decision.

All initial high hedge applications will be treated as a high hedge enquiry. This will allow a Case Officer to carry out a site visit and establish if the high hedge meets the definition of the Act and can be eligible for an application.

After receiving your application, we will arrange a site visit to assess whether it has a negative impact on the reasonable enjoyment of your property. After considering all the information and evidence, we will notify you and the hedge owner of our decision and the reasons for it.

If we decide to issue the High Hedge Notice, it will set out:

  • what actions the hedge owner needs to take 
  • any other actions to stop the issue recurring 
  • the time period in which the work must be carried out

If the hedge owner doesn't comply with the notice, we can use our power of entry to the land where the hedge is situated to carry out the remedial work and charge them for any expenses.

In case we decide to refuse your application and you don't agree with our decision you have a right to appeal to Scottish Ministers within 28 days.