Most people who get one of these are surprised. The hedge or tree has been there for years and nobody complained. Then growth picks up, a bus clips it, a pushchair has to step into the road, and the council writes to you. The good news is that the fix is usually a trim or a bit of pruning, and it is quicker and cheaper to deal with it early.
Short answer: what to do if you have received a section 154 notice
- Find the compliance date on the notice. The Act says 14 days from service, and notices can allow 14 to 28.
- Check the hedge or tree is yours. If it is your neighbour's, tell the council in writing straight away.
- Photograph it, then get it cut back inside the deadline. Kent County Council asks for 2.4m clear above a footway and 5.2m above the road.
- Check for nesting birds and protected trees before cutting.
- If you ignore it, the council can do the work and bill you. If you disagree, you can appeal to a magistrates' court, so act quickly.
Send us a photo of the hedge or tree and the date on your notice and we will quote and prioritise your job. Get a quote
This isn't legal advice
We cut hedges and prune trees for a living. This is general information about the law as written, plus what we see in practice. If you disagree with a notice or the cost is large, speak to a solicitor or your local advice service. Always follow the wording on the notice you were actually sent.
What do I do if I receive a section 154 notice?
- Read it properly. Note the date it was served, the deadline, the address or spot it refers to, and who sent it. Take a photo of the notice.
- Check it's yours. The notice should go to the owner or occupier of the land the growth comes from. If the hedge or tree is your neighbour's, or sits on a verge or land you don't own, tell the sender straight away in writing, with whatever evidence you have. Your title plan and our boundary hedge ownership guide help here.
- Photograph the problem. Take dated photos of the hedge or tree from the road side before you cut.
- Get the work booked inside your deadline. That is 14 days under the Act, and some notices allow up to 28, but don't wait for the last week either way. If you want us to do it, send a photo and the notice details through the contact page and we will quote a fixed price.
- Check for nesting birds. Wild birds' nests in use are protected under the Wildlife and Countryside Act 1981, and 1 March to 31 August is the accepted guidance window. If you find an active nest in the stretch you need to cut, leave it and tell the sender in writing, with a photo, and agree a revised date. See our when to trim hedges guide.
- Check for protected trees. Hedges are normally fine, but if the growth is a tree, or includes one, in a conservation area or one under a tree preservation order, contact the planning team first and tell the authority who sent the notice. Our conservation area guide explains the process.
- Cut back and clear up. Take the growth back enough that you stay clear of the minimum heights even after the next flush, remove the cuttings from the road and path, and take dated photos afterwards.
- If you disagree. Contact the sender quickly and explain why. You can appeal to a magistrates' court, but the section itself doesn't give the appeal deadline or say your compliance period stops during an appeal, so don't assume it does. Get advice early.
What does section 154 of the Highways Act 1980 say?
Section 154 gives councils the power to make the owner or occupier of land cut back growth that spills onto the road or path. In plain English:
- Overhanging growth (subsection 1). If a hedge, tree or shrub overhangs a highway, or another road or footpath the public can use, so that it endangers or obstructs vehicles or pedestrians, the authority can serve a notice. It also covers growth that blocks a driver's view or the light from a public lamp, and growth that endangers or obstructs horse riders on a highway.
- Who gets the notice. The owner of the hedge, tree or shrub, or the occupier of the land it grows on.
- The deadline. The Act says the notice requires you to lop or cut the growth so as to remove the problem within 14 days of the notice being served. In practice the time a notice allows can vary, from 14 up to 28 days, so go by the date written on yours.
- Dead or dangerous growth (subsection 2). A similar notice can be served if a hedge, tree or shrub is dead, diseased, damaged or insecurely rooted and likely to fall onto the road or path. That one requires it to be cut or felled within 14 days.
- If you do nothing (subsection 4). The authority can do the work and recover its reasonable expenses from the person in default.
- Appeal (subsection 3). A person aggrieved by the requirement can appeal to a magistrates' court.
You can read the section itself on legislation.gov.uk.
Who sends a section 154 notice in Kent?
The power sits with the highway authority and, in non-metropolitan districts, the district council as well. For most roads in Kent the highway authority is Kent County Council. Kent County Council publishes its own overhanging vegetation guidance, which is the best place to see what it expects.
Some authorities send a friendly request letter first and a formal notice later. Treat both seriously. The letter is your chance to sort it out before a clock starts.
How much clearance does Kent County Council expect?
Kent County Council's guidance asks owners to keep growth back so there is at least:
- 2.4 metres (8ft) clear above a footway or cycle route.
- 5.2 metres (17ft) clear above the carriageway.
It also asks for growth to be kept back from the road edge and away from streetlights, with the full width of the path clear. Those are the council's published figures rather than numbers written into the Act, so if your notice gives different measurements, follow the notice.
Can I cut it myself, or should I get someone in?
Working by a live road is a different job from a back-garden trim. You will need to manage traffic and pedestrians, use proper cutting kit, and stay off the carriageway. Kent County Council also warns that damage done to highway vegetation while cutting your own can leave you liable. If the hedge or tree is tall, thorny or beside a busy road, it is a job for a professional. Our tree pruning and crown reduction work covers overhanging branches, and we handle the conservation area and TPO paperwork where it applies.
How do I stop it happening again?
A hedge that gets a proper trim twice a year, and a tree whose low branches are pruned back every few years, rarely ends up with a notice. Cut the road side back to the line you want in late summer, once nesting is over, and keep it there. If the hedge has run away, our renovating a neglected hedge guide covers how to bring it back without killing it.
Section 154 notice questions answered
I've received a section 154 notice. What should I do?
Read the notice and note the compliance date, check the hedge or tree is yours, photograph it, check for nesting birds and protected trees, then get it cut back inside the deadline and keep dated photos. If the growth is not yours, tell the council in writing straight away. If you disagree, contact the council quickly and take advice, because you can appeal to a magistrates' court.
Can I ignore a section 154 notice?
No. If the notice is not complied with, the authority can carry out the work itself and recover its reasonable expenses from the person in default. That bill is usually far higher than the cost of arranging the trim yourself.
How long do I have to cut the hedge or tree back?
The Act gives 14 days from the date the notice is served, and in practice a notice can allow anywhere from 14 to 28 days. Go by the compliance date written on yours, and check the exact spot it refers to.
Who is responsible for a hedge or tree overhanging the pavement?
The notice goes to the owner of the hedge or tree, or the occupier of the land it grows on. If it is yours, it is your responsibility to cut it back. If it belongs to a neighbour or grows on land you do not own, tell the council in writing straight away, with evidence.
Who can serve a section 154 notice in Kent?
Under the Act the highway authority can serve it, and so can the district council in non-metropolitan districts. For most roads in Kent the highway authority is Kent County Council. For a road or footpath that is not a highway, the local authority for the area can act.
Can I appeal a section 154 notice?
Yes. A person aggrieved by the requirement can appeal to a magistrates' court. The section itself does not set out the appeal deadline or say your compliance period stops while you appeal, so do not assume they do. Check the notice, ask the authority, and take advice quickly.
How high and wide should the clearance be?
Kent County Council's published guidance asks for at least 2.4 metres clear above a footway or cycle route and 5.2 metres clear above the carriageway, with growth kept back from the road edge and streetlights. Follow the wording on your own notice first.
Can I cut the hedge or tree back myself?
If it is yours, yes, as long as you check for nesting birds and protected trees first and can work safely beside the road. Tall, thorny or roadside growth is usually a job for a professional. We cover Sandwich, Deal, Worth, Ash, Woodnesborough, Eastry and Sandwich Bay and will quote after a photo of the hedge or tree and the notice.
Do I have to tell the council when the work is done?
Kent County Council says that if you have a letter asking you to trim vegetation you do not need to tell them once it is done, and they check progress next time they are in the area. If you hold a formal notice with a deadline, it is sensible to keep dated photos in case you are asked.
Got a notice and a deadline?
Send us a photo of the hedge or tree and the date on the notice. We cover Sandwich, Deal, Worth, Ash, Woodnesborough, Eastry and Sandwich Bay, and we will tell you honestly what slot we have.