Be careful which items you leave out in your garden – experts warn that a common item left outdoors for too long can actually result in serious fines and legal action
UK households are being urged to check their gardens – experts say there’s one otherwise harmless item that could land you a hefty fine. With the weather warming up and the sun on full blast, more of us are spending time in our outdoor areas.
But while you may think you can do as you please in your own garden, there are some laws you need to be aware of. Garden experts at Decking Superstore caution that many homeowners are unknowingly breaking environmental rules.
It turns out leaving piles of soil, rubble or general garden debris lying around in their outdoor spaces can lead to legal consequences. It comes after Brits are told to never put one banned item in garden bins as you could face punishment.
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A spokesperson for Decking Superstore said: “People think it’s fine to leave a mound of soil or a few broken bricks in the corner of the garden, but councils may view that as controlled waste. It might not feel like fly-tipping — but under the law, that’s exactly how it can be treated.”
This is because, according to the Environmental Protection Act 1990, soil, rubble, and most garden waste are considered “controlled waste” – which means they must be disposed of in a legal and responsible manner.
This applies even if the material is on your own property. Therefore, leaving it to sit for indefinite periods can lead to enforcement action, particularly if it causes a mess, attracts pests, or spills onto a neighbour’s land or public path.
If waste is judged to be fly-tipped or illegally stored, households could be fined up to £400. Meanwhile, more serious cases can lead to prosecution and maximum fines of £5,000 or even see you end up in prison.
You should also be wary that the material does not create a health or environmental hazard, such as attracting rats or blocking access. Otherwise councils are able to issue a statutory nuisance notice under Section 79 of the same Act. If the notice is ignored, further legal action can be taken.
You may even be ordered to tidy it up if you’re not careful. Landlord advice experts at First 4 Landlord Advice warn that the Town and Country Planning Act 1990 gives councils the power to demand clean up if a garden or outdoor area is deemed to be affecting the appearance of the neighbourhood.
In some cases, this can even lead to Section 215 enforcement, where homeowners are legally ordered to tidy their land or face court proceedings.
The Decking Superstore spokesperson advised: “It doesn’t have to look like a rubbish dump for enforcement to happen. If something is clearly not being used, is unsightly, or is attracting complaints, you could get a visit from your local authority.
So, which items can put you at risk of being fined? Decking Superstore has put together a list of common garden items that could get you in trouble if left out too long.
Common garden items that could get you into trouble
- Piles of soil or rubble
- Broken slabs, bricks, or concrete
- Old garden furniture
- Rusty tools or equipment
- Rotting wood or decking
- Plastic grow bags, plant pots or trays
- Overgrown or unmanaged waste piles
- Disused barbecues, appliances, or building materials