Legal expert warns Dacorum residents of costly gardening mistake that could see you fined £400

This is the time of year when residents across Hemel Hempstead, Tring, Berkhamsted and beyond eagerly dust off their gardening gloves and head outdoors.

With longer days and warmer weather, gardens begin to bloom and local green thumbs get to work planting, pruning, and preparing their outdoor spaces.

Whether it's refreshing flower beds, growing vegetables, or simply mowing the lawn, spring marks the start of a busy and rewarding gardening season — perfect for bringing colour and life back to every corner of the garden.

But some gardeners risk landing themselves in trouble due to a common misconception in environmental law.

A legal expert has warned that gardeners could face significant fines for dumping grass clippings in the wrong places. And garden bonfires are also an issue too at this time of year.

Daniel McAfee, Head of Legal Operations at Lawhive, is cautioning homeowners about the significant legal and financial consequences of improper garden waste disposal that constitutes as fly-tipping under strict UK waste legislation – an issue that sees a marked increase during Britain's warmer months.

"The rules around garden waste disposal are often misunderstood," McAfee said.

"The misconception in environmental law is that naturally decomposing materials like grass clippings and pruned branches fall outside the scope of waste disposal regulations," explains McAfee.

"In fact, recent enforcement data shows magistrates increasingly applying the full penalties available under Section 33(1)(a) of the Environmental Protection Act 1990, regardless of the waste's biodegradable properties."

This confusion costs gardeners dearly when they break the regulations. British law classifies all garden rubbish dumped at unauthorised locations as fly-tipping, no matter how natural or biodegradable the materials might be.

Fixed penalty notices for fly-tipping in England typically range from £150 to £400, depending on the local authority, with courts across England, Wales, and Scotland empowered to impose unlimited fines in particularly extreme cases. The issue is especially prevalent between April and September, coinciding with peak gardening season.

Government guidance indicates councils across Britain handle garden waste collection using different systems. While some incorporate garden waste collection within standard services, others legitimately implement additional charges, which often creates confusion among homeowners.

"Most local authorities offer garden waste collection services, although some may charge for this service as permitted under the Controlled Waste Regulations 2012," McAfee adds. "Alternatively, garden waste can be taken to local household waste recycling centres, where it's typically accepted free of charge."

"One thing that many homeowners overlook is that liability doesn't end with direct disposal. Under the 'duty of care' provisions in Section 34 of the Environmental Protection Act, individuals can be held responsible if their waste is subsequently fly tipped by a third party they've engaged for removal" Mr McAfee said.

Garden bonfires also cause many Brits to clash with both local councils and neighbours. "While domestic bonfires aren't categorically prohibited, they're subject to statutory nuisance provisions under Section 79 of the Environmental Protection Act. Courts have consistently held that recurring smoke affecting neighbouring properties constitutes an actionable nuisance, with recent cases resulting in significant abatement orders and costs," Mr McAfee warned.

Mr McAfee recommends homeowners implement a strategic approach to garden waste management: "Beyond simply checking council services, I advise Brits to maintain documentation of all waste transfers, consider established home composting systems, and be aware of statutory defences such as taking all reasonable precautions and exercising due diligence to prevent offenses under waste legislation."