Should fines be issued for messy front gardens?

>>> There is no law saying that you have to repaint your house, repoint the brickwork, buy a new door, replace the rotting windows, repave your drive if it is falling into disrepair. <<<

Not true. The Town and Country Planning Act Section 215 gives local planning authorities powers to require proper maintenance of land. In this context, "land"" includes buildings.

Sorry, I think you have misinterpreted that “rule” Em

You have also applied your own context.

“Proper Maintenance” is subjective and you give no indication as to whether this rule relates to private or commercial properties or even clarified where it says that this rule is pertinent to general upkeep. It is a completely vague rule to which you have incorrectly decided applies to the comments I made.

Perhaps you should’ve added “only if it a risk to public health” or “only if there is a risk to damagin nearby property” or something like that. Or maybe quoted the exact rule that states that it applies to private dwellings.

I’m happy to accept that there is some sort of rule, but the example you give really cannot be used in this case.

Absence of a law does not mean that allowing a building or a garden to decay is actually desirable either for the individual or the neighbours. Dean says “The council can come and remove all of it free of charge anyway”. Is there any example of this please?

The UK has a history of laissez-faire towards social legislation and perhaps we are now getting to an era where people specifically require laws to understand their duties to society. In Germany they have always felt a need for everyone to observe the same standards: e.g.
“Winter Service and Street Sweeping: If there is no caretaker then residents are legally obliged to remove snow and ice from in front of their house during winter. This is generally stated in the rent contract. If tenants are responsible for removing snow and ice then they are liable for all injuries incurred if they fail to meet their obligations. In some regions the streets also have to be swept once a week.”

Perhaps not keeping rubbish in the garden is not too much of a restriction on a resident.?

@ Dean – I appreciate that you might not recognize how s.215 could relate to your post, as even local planning authorities (LPAs) sometimes fail to understand its very broad scope and application. So I have posted a link to the Best Practice Guidance that was issued to LPAs in 2005.

http://www.communities.gov.uk/publications/planningandbuilding/townplanningact

You will see from this that it does apply to private dwellings and it does concern itself with the general upkeep of properties:

“Section 215 has been effectively used on … [other circumstances] … as well as the more typical rundown residential properties and overgrown gardens.”

“The scope of works that can be required in s215 notices is wide and includes planting, clearance, tidying, enclosure, demolition, re-building, external repairs and repainting.”

It also contains some “before and after” photographic case studies, if you don’t want to read chapter and verse.

There does not have to be any specific risk to public health or safety – these are dealt with under other, more specific, laws.

The only requirement for a s.215 notice to be served is detriment to amenity, in the opinion of the LPA. Normally, a threat of action by the LPA is sufficient to cause remedial works to be undertaken, or the property to be sold on to a more responsible owner/developer.

If your LPA is not initially sympathetic and you feel there is a genuine case, pressure from other like-minded residents and local councillors may well do the trick. I’ve seen it work in practice to good effect.

I am afraid our front garden has a pile of junk on a section of the driveway, although it is neat and well organised. I have tried to keep it tidy and reasonably concealed from public view behind a wall and shrubbery but it annoys me to see it every day. It was put there awaiting collection by a disposal contractor who is unable to remove it for the time being. It has been necessary to add to the pile recently as more clearance work has carried on in the garden and garage.

A number of other local residents have also taken advantage of the current movement restrictions to stay at home and put their affairs in order by getting rid of their rubbish – or at least assembling it ready for collection as and when such services can resume.

A number of houses were in the middle of building works when the lockdown commenced and have unfinished alterations, stacks of building materials, unemptied skips, and portable toilets adorning their frontages, mostly now with weeds growing amongst them.

I think some councils will undertake free collections of bulky household waste but only within certain categories and up to a set number of items. Most councils make a charge – ours charges £24 for the first item and then at lower levels for each additional item up to £104 for ten items. It does not include plastic sacks of rubbish nor DIY items nor hazardous waste. The service is not available to businesses or landlords.

Our council charges £32 for one to five bulky items. Where I used to live, households could request a free collection once a year.

During the coronavirus lockdown there has been more fly tipping, presumably thanks to waste recycling facilities being closed. Ours have reopened but only for waste that cannot be stored safely.

If you live in a flat your lease should be clear who owns the garden space so I am a loss to understand what is happening. Either they are dumping it on your garden or it is their garden anyway. It is conceivable that it is communal but that is rare if we are talking a two flat house.

I should think so, Nick. The transport and disposal of waste by an unlicensed person or firm is a criminal offence, and disposing of waste [even by a licensed operator] at an unlicensed site is also an offence.

Fly tipping should be reported to the council, Nick: https://www.gov.uk/report-flytipping If there is any asbestos or hazardous materials they could involve the Environment Agency.

Waste that is not put in your own bins or taken to a council centre must be handled by a licensed operator, as John has said. This is not cheap, as anyone who has hired a skip will know. It’s important to deal with fly tipping promptly to avoid encouraging others to add more rubbish and possibly a vermin problem.

I noticed bags of rubbish and the obligatory mattress at the entrance to a farm when out for exercise during the lockdown and it had been removed within a few days.

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My first thought would be to ask the local council whether the property has planning permission for operating a building business and request them to take enforcement action if it does not. It is unlikely that planning permission would be granted for such a use in the middle of residential area. The sooner the better before the use acquires established status.