Have you always wanted to keep hens in your garden or allotment but need clarity around the rules and regulations? If you’re wondering, ‘can I keep chickens on my allotment?’ you’re in the right place. Or maybe you already do have hens in your garden and your landlord or neighbours are questioning this. Here we break down the guidance on keeping hens in your garden or on your allotment.
Can I keep chickens on my allotment – the legal bit
Occasionally, we are contacted by chicken owners who have been told by their landlord or local council that they cannot keep chickens in their gardens. Often with a threat of eviction or legal proceedings hanging over them, worried chicken owners reluctantly give away their pets.
However, there is a little-known act of parliament that supersedes most tenancy agreements and gives the green light to keep chickens.
The Allotment Act 1950 was brought in to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits. It states:
Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.
Of course, it is best not to begin a dispute with your landlord over hen keeping and to act respectfully. We would advise sitting down to have a chat with them, perhaps over a cuppa in your garden so they can see how little your hens will impact the surrounding area.
Chicken owners do need to be mindful of their responsibilities to their neighbours to prevent noxious smells, noise nuisance (cockerels and built-up areas don’t always work well together, for example), and to avoid attracting vermin by keeping the area around hen houses free from spilt food and waste.
Under the Protection of Animals Act and Animal Welfare Act, chicken keepers are required to provide adequate housing, food, water, and care, which is defined as housing that allows them to exhibit their normal behaviours (nesting, roosting, scratching, and living in groups.) Care is defined as making sure your chickens’ health is maintained at all times but, of course, if you’re reading this article, we know that you will be doing this regardless.
Keeping the neighbours sweet
To avoid falling out with your neighbours it is wise to ensure your garden is secure and your chickens don’t frequently escape.
The grass may be greener on the other side but if that grass is your neighbour’s prized lawn, they won’t be too happy seeing your chickens digging it up! Under the Animal Act, 1971 people who keep chickens are liable for “damage caused by trespassing ‘livestock’”.
It may be wise to let your neighbours know what your intentions are before you embark on your chicken keeping adventures. Some of our supporters tell us that they like to keep their neighbours happy with the occasional box of eggs from time to time. Remember, communication is key!
Registering your hens – a legal requirement
It is a legal requirement to register your flock with DEFRA, regardless of size. This enables you to protect your birds as quickly as possible, should there be an outbreak of a notifiable disease, such as Avian Influenza. This service has been invaluable to hen keepers since bird flu found its way across shores to the UK back in November 2020.
For any additional help regarding allotments, we would advise contacting your local council.
