Meet your gardening and landscaping duties

These rules apply in England unless a section says otherwise. Pesticide rules apply across the UK.

No general licence

The law does not require a licence, registration or qualification to garden or landscape for payment.

Taking garden waste away

Garden waste you remove from a customer's site is business waste. Under section 34 of the Environmental Protection Act 1990 you must pass it only to an authorised person. You must be a registered waste carrier before you carry it. Carrying waste without registration is an offence with an unlimited fine in England and Wales.

In Wales, Natural Resources Wales registers carriers on the same lower and upper tiers as England.

Carrier registration is changing in England

England is replacing carrier registration with environmental permits and registered exemptions. Your current registration stays valid until you must hold a permit or exemption. That is 12 months after the new rules start for lower tier carriers, and the day after your registration expires for upper tier carriers.

Paperwork for the waste you pass on

When you hand waste to another person, such as a transfer station, you must also complete the transfer paperwork.

Using weedkiller and pesticides

Many weedkillers, insecticides and fungicides are authorised for professional use. To use one for payment, you must hold a specified certificate or be training under the direct and personal supervision of someone who does.

When you use any pesticide in your business, you must assess the risk to staff and the public and train anyone who applies it.

Cutting hedges and trees

Nesting birds

No law sets a closed season for cutting garden hedges, but the offence of damaging a nest in use applies all year. Check for nests before every cut and stop if you find one in use.

Hedges on farmland

A ban on cutting applies to many farm hedgerows in England. The offence covers anyone who cuts or trims a protected hedgerow in breach of the ban, including a contractor. A hedgerow is covered only if it meets both the land test and the length test below. The exceptions listed are not exhaustive.

In England and Wales, removing a hedgerow on or next to farmland, forestry land or horse land needs written notice to the local planning authority first. Garden hedges are excluded.

Protected trees and conservation areas

Before you prune, top or fell a tree, ask the council's tree officer whether a tree preservation order covers it and whether the site is in a conservation area. A preservation order needs the council's consent. An unprotected tree in a conservation area needs notice instead. You do not need to give notice to cut down or uproot a tree 75 mm or less in diameter, or 100 mm or less when you do it only to improve other trees' growth. Measure diameter over the bark at 1.5 m above natural ground level.

Felling licences

Felling trees beyond set limits needs a felling licence, which the Forestry Commission issues in England. A preservation order or conservation area rule can still apply to trees that need no licence.

Anyone who carries out or permits unauthorised work on a protected tree commits an offence, and that includes a contractor.

Invasive plants

In England and Wales it is an offence under section 14 of the Wildlife and Countryside Act 1981 to plant, or cause to grow in the wild, listed plants such as Japanese knotweed and giant hogweed. Northern Ireland has a similar offence under article 15 of the Wildlife (Northern Ireland) Order 1985. Soil and plant material contaminated with them can be controlled waste, which needs a registered waste carrier and an authorised site.

Chainsaws, strimmers and other powered equipment

You must train everyone who uses work equipment, under regulation 9 of the Provision and Use of Work Equipment Regulations 1998.

Chainsaws, strimmers, brushcutters and hedge trimmers all vibrate. The Control of Vibration at Work Regulations 2005 set exposure values for your staff. You must assess and control the risk.

The Control of Noise at Work Regulations 2005 set action values for daily noise exposure. Strimmers, hedge trimmers and chainsaws can reach them. You must assess and control the noise risk.

Where other controls do not remove the risk, you must provide suitable protective equipment such as a helmet, gloves, eye protection, hi-vis clothing and safety footwear.

Taking on staff

Employers' liability insurance, PAYE and other employer duties start with your first employee. Start a gardening or landscaping business covers the staffing steps.

Contact your regulator

Ask the regulator for your nation which carrier registration you need: the Environment Agency in England, Natural Resources Wales, SEPA in Scotland or the Northern Ireland Environment Agency (NIEA). Contact the Health and Safety Executive about pesticides and powered equipment, or DAERA and HSENI in Northern Ireland.