Is it lawful to maintain privacy in one's backyard? A rundown of permissible and prohibited actions.
Your garden is your own little slice of paradise - a place to unwind and escape from the world. But what if you're feeling a bit too exposed, with neighbors peeking in or watching your every move? You might be asking, "Can I have some privacy in my garden?" Here's the lowdown on garden privacy rights, backed up by gardening and planning experts.
Garden Privacy Rights
Overlooking and Intrusion
It's a common complaint among homeowners when neighbors have a direct view into their outdoor space. The question of privacy might seem obvious, but the law isn't so black and white. "There's no absolute protection for how exposed your outdoor space feels," says David Breare, a property expert at Canonbury Management. "The law is more concerned with tangible changes like someone altering a boundary, blocking access, or building too close to your property."
So, if you're feeling overlooked, there isn't a strict legal right to privacy. However, if a neighbor's structures negatively impact your property and enjoyment, you may have grounds for challenge. As your garden is part of your private property, you do have the right to enjoy it without unwarranted interference.
Planning Permission and Privacy
You may wonder if you can object to an extension, new garden building, or upper-level window if it alters your privacy. Morris Hankinson, director of Hopes Grove Nurseries, advises checking with your local council, especially in cases where overlooking is a valid concern, particularly with upper-floor windows or elevated structures. Despite this, whether anything can be done will depend on how the change came about.
Fence Heights, Hedges, and Boundaries
Fences, walls, and outdoor structures can usually be put up to a height of 2.5 meters without planning permission, explains Reilly Gray, co-founder of Suns Lifestyle. But if you live in a conservation area or the structure exceeds this height, you may need approval from your local authority. Remember to speak to your neighbors too to ensure whatever you have planned doesn't negatively impact their outdoor living space.
Your Rights to Light and Privacy
There is no specific "right to light" or "right to privacy" outside your home that offers legal protection for your garden area. However, if a window has received uninterrupted daylight for more than 20 years, you may have legal protection. There is a High Hedges Legislation that might help you take action in case a tall hedge is affecting your ability to enjoy your home or garden due to its height.
What to Do if Your Privacy is Being Affected
If you feel overlooked or your privacy is being compromised, approach your neighbor first. Engage in friendly conversations to try and find a solution. Unfortunately, this may not always solve every privacy issue, so you may need to contact your local council for support.
Practical Solutions to Increase Your Garden Privacy
There are several ways to add privacy to your garden:
- Installing a fence is the most common solution for enhancing privacy.
- Plant evergreen hedge species along your boundary to create effective privacy. Consider species like Cherry Laurel.
- Decorative privacy screens add architectural interest while also blocking neighboring views.
- Canopies, parasols, and pergolas are ideal for creating overhead privacy.
- Louvred screens or adjustable shutters offer flexibility over light and privacy.
- Tall planters and strategic planting, such as bamboo and pleached trees, create a soft, natural barrier.
Shop Garden Privacy Solutions
From modern garden screens to trellises and pergolas, there are plenty of attractive options to enhance privacy in your garden.
FAQs
Am I Entitled to Privacy in My Garden?
While your garden is considered private property, there is no absolute legal right to privacy in the UK. "Everyone has a basic right to privacy under the Human Rights Act 1998, however it's really difficult to guarantee complete privacy," states Morris Hankinson. While there is no specific law around privacy in gardens, there are laws such as the High Hedges Act and others that can help afford you some level of privacy in your garden.
Can I Block My Neighbor's View of My Garden?
You can block your neighbor's view of your garden within reason, but you'll need to break up their view with visual barriers and be mindful not to block their view too close to their windows or anywhere that could affect their enjoyment of their property. And remember, you'll need to be mindful of their right to light as well.
Can I Put a Window in Overlooking My Garden?
There are no standards or building regulations around windows overlooking neighboring gardens. The impact of a neighbor adding additional windows will vary, depending on factors like the amount of privacy neighboring houses currently have. If a neighbor is adding additional windows, they are likely to need planning permission, which means you may be asked for your views on the work.
- To enhance your outdoor living, consider strategically placing privacy screens, tall planters, or bamboo and pleached trees in your garden to create a natural and effective barrier.
- When planning a new garden structure, such as an extension or upper-level window, ensure it doesn't negatively impact your neighbor's home-and-garden lifestyle and respects their right to light and privacy. Consult with your local council and neighbors before undertaking any construction.
