Homeowners are being encouraged to make sure that specific items are not left in their gardens for extended periods, as this could lead to fines. With the warm weather arriving in the UK, many residents will be venturing into their gardens to enhance them as part of a DIY project and enjoy the pleasant conditions.
Garden specialists at Decking Superstore caution that homeowners might face issues if their gardens aren’t maintained ‘tidy enough’ and if various common items are left scattered about.
Therefore, homeowners are encouraged to inspect their gardens for certain items – eight of the most common are listed below – that may appear harmless but could lead them into legal trouble.
The specialists say that they have regularly seen numerous homeowners unknowingly violating environmental regulations by neglecting to clear away piles of soil, rubble, or various garden waste from their gardens when visiting properties.
“People think it’s fine to leave a mound of soil or a few broken bricks in the corner of the garden,” a spokesperson said. “But, councils may view that as controlled waste. It might not feel like fly-tipping — but under the law, that’s exactly how it can be treated.”
What does the law say?
According to the Environmental Protection Act 1990, soil, rubble, and most garden waste are classified as ‘controlled waste’. This classification requires that they be disposed of legally and responsibly.
Even if the waste is on your own property, allowing it to remain indefinitely can result in enforcement actions, particularly if it creates a mess, attracts pests, or spills over onto a neighbour’s property or public pathways.
If waste is deemed to be fly-tipped or stored illegally, households may face fines of up to £400. In more severe instances, prosecution can occur, leading to maximum fines of £5,000 or even imprisonment.
If the material poses a health or environmental risk — such as attracting rats or obstructing access — councils have the authority to issue a statutory nuisance notice in accordance with Section 79 of the same Act. Should the notice be disregarded, additional legal measures may follow.
The landlord advice team at First 4 Landlord Advice also points out that the Town and Country Planning Act 1990 empowers councils to require cleanup if a garden or outdoor space is considered to be negatively impacting the neighbourhood’s appearance.
In certain situations, this may result in the enforcement of Section 215, which can legally require homeowners to clean up their property or risk facing legal action.
“It doesn’t have to look like a rubbish dump for enforcement to happen,” the spokesperson said. “If something is clearly not being used, is unsightly, or is attracting complaints, you could get a visit from your local authority.”
What shouldn’t you leave in your garden (or risk a fine)?
The team has put together a list of typical garden items that might cause issues if they are left out for too long:
- Piles of soil or rubble – Often considered controlled waste if left unattended.
- Broken slabs, bricks, or concrete – Treated as construction waste under the law.
- Old garden furniture – Especially if it’s damaged, decaying, or visibly abandoned.
- Rusty tools or equipment – May be seen as environmental hazards if left outside.
- Rotting wood or decking – Could attract pests or present safety risks.
- Plastic grow bags, plant pots or trays – Especially if not in use and littered around.
- Overgrown or unmanaged waste piles – Like heaps of leaves, clippings or twigs.
- Disused barbecues, appliances, or building materials – If not part of a current project.
What is generally fine (if managed properly)?
There’s no law against using your garden for personal projects, so the following are typically allowed, as long as they are tidy and do not cause harm:
- Working compost bins (with lids).
- Neatly stored DIY or gardening materials.
- Potted plants, growing containers, and patio furniture in use.
- Neatly stacked firewood (not excessive or rotting).
- Gardening tools stored in a shed or lean-to.
The guidance from experts is quite straightforward: avoid leaving heaps of soil, bricks, broken slabs, or waste materials scattered in your garden, even if you believe you might need them later. If it’s not associated with an ongoing project and appears neglected, take care of it quickly.
They suggest that you can always legally get rid of materials by hiring a licensed waste carrier or visiting your local tip. Additionally, they advise performing a quick monthly inspection of your garden to make sure no clutter is accumulating.
“A clean garden isn’t just about appearances — it’s a legal responsibility. What seems like a small pile of dirt today could be a fine tomorrow,” the spokesperson added. “I always put on music while I work. It turns cleaning into dancing — and it never feels like a chore.”