Gardeners are being warned not to cut their hedges back in July or risk a fine

Gardeners are being warned to avoid trimming their hedges in July or face paying a hefty fine.

In the summers, it’s fairly typical to watch your hedges and shrubs balloon in size. But if you were thinking of picking up a strimmer, stop and think, as cutting your hedge at the wrong time could land you with an unlimited fine.

This is all to do with whether you have birds nesting in your garden or hedges, and under the Wildlife and Countryside Act 1981, it is illegal to remove or damage a bird’s nest in your garden. And you could face an unlimited fine or even prison. This is everything you need to know, and the legal loophole you can use to trim your hedge.

The Law

If you have birds nesting in your garden, trimming your hedge could be seen as an offence as you are disturbing or destroying a bird's nest. Bird nests are protected during nesting season, which is between March and August, so if you’ve been wondering when to trim a hedge, you should always avoid cutting it during this time.

It’s not illegal to cut back a hedge, but it is illegal to disturb a nest, so often, it’s not worth the risk of cutting it back during nesting season.

‘All birds and their eggs are protected by this law, and it is illegal, under certain exceptions, to deliberately take, damage or destroy the nest of any wild bird while it is being built or used. It is also illegal to take or destroy the eggs of any wild bird,’ says Richard Barker, commercial director and horticultural expert at LBS Horticulture.

‘If you are found to be disturbing a bird nesting site, you may be given an unlimited fine and potentially a few months in prison.’

Some species of birds have further legal protections under the Wildlife and Countryside Act 1981, such as kingfishers, barn owls, ospreys, peregrines and quail. If these species of birds are nesting in your hedgerows, you cannot disturb the birds while they are nesting, building a nest, in or near a nest that contains their young or disturb any dependent young of the birds.

The exception

However, if you are certain there are no nesting birds in your hedge, it is considered ok to trim it. However, you should use handheld tools like loppers (such as these Magnusson non-slipp loppers, £28.99 at B&Q) to minimise disturbance to birds and wildlife.

You should exercise this with caution, especially if your hedges are one of the best plants for birds, such as hawthorn or privet.

‘It’s strongly recommended to always inspect your hedges for nests before starting any work. If you spot an active nest, you mustn’t attempt any pruning until the chicks have fledged and the nest is no longer in use,’ says Sam James, gardening expert and Content Manager of Hedges Direct.

It’s also recommended that you stay vigilant and report any behaviour you feel may have breached the Wildlife and Countryside Act 1981.

‘If you notice a neighbour trimming a hedge, although this is not illegal during bird nesting season, they may be found to have committed an offence if they intentionally damage or destroy a nest. It is recommended to report a neighbour trimming a hedge during the nesting season, especially if you suspect or can visibly see that there are birds nesting. However, before reporting, consider talking about the issue to your neighbour first, as they may be unaware that birds are in the hedge,’ says Richard.

It's best to avoid trimming your hedges during nesting season, especially if you've gone to the effort of attracting birds to your garden. Don't fall foul of the law and keep your garden birds safe this summer.