You might be interested in the law on garden lighting for several reasons. Perhaps you're planning on installing outdoor lights and want to make sure you're complying with all the restrictions before you go ahead.
Second, you may be in a situation where your neighbours' lights are causing a nuisance at night and want to know how best to deal with it and what your rights are. Finally, you may have received a complaint and would like to know if you are in fact in breach of anything.
This expert guide outlines all the laws that are in place around garden lighting, as well as the penalties that can be incurred. The way that you can avoid penalties and learn the best way to approach neighbours about their nuisance lighting in an amicable way to ensure the problem can be rectified.
“The laws and regulations regarding the installation (safety) and running of exterior and driveway lighting for private residences can be quite complex, factoring a multitude of scenarios, be that the front of the property (road facing), or the rear such as garden and patio areas," says Tom Ralston, Managing Director at Ultra LEDs.
"This will include aspects such as light spill beyond property boundaries or glare that may have a negative impact on others. Nocturnal wildlife can also be adversely affected in cases where cooler colour temperature lighting (above 3000k) is in use after dark, and there may even be local by-laws in place to limit such impacts where protected species such as bats may be present.
"Ultimately, consultation with a qualified exterior lighting designer is usually the best course of action as they will know all the regulations and will help with an exterior lighting plan, along with the use of a qualified electrician to ensure safe and weatherproof installation for long term reliability," adds Tom.
Tom Ralston
Tom has been Managing Director at Ultra LEDs since 2016. The company specialises in innovative LED lighting solutions.
Outdoor lighting can be a stylish addition to your home, but it's advisable to ensure it doesn't cause a nuisance to neighbours(Image credit: Future)
Outdoor lighting law
The law on garden lighting falls under the UK Environmental Protection Act 1990. This allows local authorities to step in and investigate any cases where artificial lighting is a nuisance.
"The UK Environmental Protection Act 1990 makes provision for the control of waste, air and water pollution, and statutory nuisances including light and noise pollution, litter and contaminated land among other things," says Thomas Goodman, property expert at My Job Quote.
"Under section 79(1) of the Environmental Protection Act, local authorities must investigate any complaints of light pollution which is deemed a nuisance or prejudicial to health. If the light pollution is considered a problem, an abatement notice is served on the owner of the premises or light source requiring them to prevent its recurrence," says Thomas.
Thomas continues: "When the environmental health officer looks into a case of light pollution, they will consider the following points:
Whether it interferes with the use and enjoyment of a property.
Adversely affects the health of those in the vicinity of the light pollution.
How often the light pollution occurs, how long it lasts and at what time it occurs.
Whether it is in a rural or urban location.
Thomas Goodman
Thomas Goodman has worked as a property and construction expert for MyJobQuote for six years and has worked in the construction industry for more than 20 years. Thomas continues to work on building projects, while also providing expert construction and property advice to industry professionals and DIY enthusiasts.
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Planning permission and restrictions
"Outdoor and patio lighting is regulated by many local authorities, particularly in urban and suburban neighbourhoods. Bylaws might restrict the timing, intensity, and direction of outdoor lighting to reduce the impact on residents," says Jane Dobbs, a garden maintenance expert at Allan's Gardeners.
In most cases in the UK you don't need to apply for planning permission for outdoor lights. however, there are certain situations where it may be required.
"Listed buildings may need planning permission to install outdoor lights. Any changes to the property, including lighting, should preserve its heritage. A conservation area also has stricter rules. It might be necessary to get planning permission for outdoor lights that affect the look or environment," advises Jane.
"If you're installing large lighting fixtures, like floodlights, especially if they're commercial or very bright, you need planning permission," says Jane.
Jane Dobbs
Responsible for leading the gardening team at Allan's Gardeners, a landscaping and garden maintenance business who provide lawn care and installation. She has 10 years' experience as a gardener.
You can use lighting to subtly highlight plants and trees in your garden. Lighting, from a collection at John Cullen Lighting(Image credit: John Cullen Lighting)
Penalties and fines
"Penalties for breaches of outdoor lighting laws can vary, depending on the severity of the offence and local regulations. In cases where lighting is deemed a statutory nuisance, homeowners may face fines or be required to modify their lighting setup. It’s crucial to ensure your outdoor lighting complies with all relevant laws to avoid such penalties," says Tom Ralston.
"If individuals fail to reduce light pollution and it is still a nuisance to others then they may receive a fine of up to £5,000 from the court," continues Sam Garbutt, a lighting expert at LED & Power.
Receiving the fine will still mean that you have to fix the problem, so it's best to act quickly to rectify the situation.
Sam Garbutt
LED & Power specialise in providing commercial and residential LED lighting products to the trade and wholesale market. They work with leading brands and manufacturers across the UK and Europe.
Lighting, from a collection at Industville(Image credit: Industville)
Making a complaint about nuisance lighting
"If the lights in a neighbour’s garden design are interfering with your enjoyment and use of your home or are prejudicial to your health, for example by causing disturbed sleep, then it is within your rights to ask them to alter or restrict them," advises Thomas Goodman.
If they don't take note then he recommends that you mention that the local authority treats light pollution as a statutory nuisance and has the power to issue an abatement notice. "This is usually enough to convince someone to resolve the situation amicably," he adds.
"If you need to make a complaint then it's up to the local council to investigate them and, if necessary, take action to reduce or eliminate the nuisance, including serving abatement notices that require the property owner to fix it or take it down."
In addition to being a nuisance to humans, the law on garden lighting is also there to help protect wildlife, particularly in conservation areas so consider this when you're looking at where to buy patio lighting.
"For birds, too much illumination can affect their migratory patterns, mating and egg-laying habits, and feeding practices. Light pollution can confuse birds into waking earlier or prevent nocturnal birds such as owls from feeding in their natural habitats," says Thomas Goodman.
"Insects are hugely affected by artificial light with more than a third of those attracted to bright lights dying as a result. Too much illumination can also affect insects’ navigation, flight, vision, dispersal, migration and mating habits. Bright garden lights can interfere with nighttime pollination by moths who see best at low light levels. Other insects such as earthworms and woodlice which are necessary for a healthy ecosystem are repelled by intense artificial lighting.
"Nocturnal animals such as bats, hedgehogs and badgers’ natural behaviour can also be adversely affected by external bright lights and can force them from their natural habitats," adds Thomas.
FAQs
Can neighbours complain about garden lights?
"If your neighbours' lighting is a nuisance and negatively affecting your life then you are fully within your rights to complain about it. For example, if a neighbour's outdoor lighting is shining directly in your window and affecting your sleep, this is classed as obtrusive light," says Sam Garbutt, a lighting expert at LED & Power.
"However, there has to be proof that the lighting is a nuisance for any action to be taken. There are regulations around obtrusive light levels on residential property, but these differ depending on the environmental zone that the property falls into," Sam adds.
Do you need planning permission for garden lighting?
"Regular outdoor light fittings don't require planning permission, but you must consider the placement and direction of the light to ensure that it is not disruptive to surrounding properties."
"However, if you live in a listed building then you may require consent when fitting outdoor lights to ensure that they fit with the character of the property. I always advise that you check with your local authority first to ensure the correct steps are taken before installing outdoor lights," says Sam Garbutt, a lighting expert at LED & Power.
What can I do if my neighbour's light is too bright?
"If your neighbours' light is too bright I first recommend speaking directly to them about the matter. Often you may find that you can come to some common ground and find an easy solution without having to take the problem further. I also suggest recording the lighting issue by making a log of the times that the light is an issue and taking some photos to highlight the extent of the problem," says Sam Garbutt, a lighting expert at LED & Power.
"If speaking to your neighbour doesn't work you may need to contact your local authority to take the issue further. First, it's best to ensure that the lighting issue is covered under the Act, otherwise the court can't do anything. Your local authority will assess the complaint and speak to the neighbour if necessary, if your neighbour still refuses to fix the issue then your local authority will take it to the court," says Sam.
If you're looking for subtle ways to illuminate your garden, there are plenty of fence lighting ideas and decking lighting solutions you can try that will create a gentle glow without causing an issue with any neighbouring properties.
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Teresa was part of a team that launched Easy Gardens in 2018 and worked as the Editor on this magazine. She has extensive experience writing and editing content on gardens and landscaping on brands such as Homes & Gardens, Country Homes & Interiors and Living Etc magazine. She has developed close working relationships with top landscape architects and leading industry experts, and has been exposed to an array of rich content and expertise.
In 2020 Teresa bought her first home. She and her partner worked alongside architects and builders to transform the downstairs area of her two bedroom Victorian house in north London into a usable space for her family. Along the way she learned the stresses, woes and joys of home renovation, and is now looking to her next project, landscaping the back garden.
