Is it illegal to pick flowers from someone’s garden?

MILLIONS of Brits venturing into the great outdoors have been warned that they might unknowingly be breaking the law.

As the weather warms up, many people will be enjoying the outdoors, but there is a risk of facing a hefty fine for enjoying some plants. 

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Is it illegal to pick flowers from someone’s garden?

Under the 1968 Theft Act and the 1981 Wildlife and Countryside Act, it’s illegal in the UK to “pick, uproot or destroy any wild plant without permission from the landowner or occupier”.

People can be fined up to £5,000 or even be given a prison sentence of up to six months for picking wild flowers such as daffodils.

Picking flowers from someone else’s garden is almost certain to land you in hot water, so that is best avoided.

Is it illegal to pick flowers from a park?

Picking wild mushrooms, flowers, fruit, or foliage from any land is not considered theft unless it is done for sale, reward, or other commercial purposes, even if the picker does not own the land. 

According to the Theft Act of 1968 it is illegal to pick cultivated flowers in public parks or gardens as well as plants and flowers growing on land which is maintained by the council.

The law ensures that picking wildflowers, for instance, is not theft unless intended for commercial gain.

However, this only applies to flora growing wild. 

It is still possible to commit theft by taking flowers from someone’s garden or from cultivated areas like a park’s floral display.

While the 1997 Royal Parks and Other Open Spaces Regulations also adds that unless the visitor has the Secretary of State’s written permission, they cannot “interfere with any plant or fungus”.

In 2011, two young girls faced trouble after picking flowers during a walk with their parents, which shows the confusion around the rules.

Sienna Marengo, four, was seen picking flowers with six-year-old stepsister Olivia in Poole, Dorset.

A passing councillor reported them to police and two constables attended and advised the girls’ mother, Jane Errington, that she and her partner, Marc Marengo, could be arrested for criminal damage.

The couple were furious at the “heavy-handed” response and accused police of wasting time.

The Countryside Code, established in 2004, encourages responsible enjoyment of the countryside and stresses the importance of preserving the natural environment. 

It advises picking only one flower from a group of 20, and if fewer than 20 flowers are present, they should be left undisturbed. 

It’s best to pick from areas where flowers are plentiful, leaving enough for others to enjoy. 

Care should also be taken not to damage the plant’s growth parts, such as roots and stems—flowers should be pulled from the base rather than cutting the stem. 

Also, picking any endangered species is frowned upon.

Is it illegal to plant flowers in a park?

Planting flowers on roundabouts and road verges at night, or on any land you do not own, is illegal in most parts of the world.

In the UK, Richard Reynolds, the founder of guerrillagardening.org, was almost arrested for his attempts to beautify a public area with plants.

Guerrilla gardening, which involves the unauthorised beautification of public spaces, can be traced back to the 1970s.

It was popularised by Liz Christy, who planted various flowers and greenery in public spaces in Manhattan without permission from local authorities.