After putting up the flag, his neighbour proceeded to complain to Harron Homes, who instructed Mr Smith to take down the flagpole or face legal action.
Mr Smith served in the British Army between 1988 and 1994, serving in the Gulf War, and, in a show of continued appreciation for Queen and country he decided to purchase a £3 flag measuring 5ft by 3ft from eBay.
The veteran, who currently works as a project manager, moved into the property in Hucknall with his wife, Trigania, 28, in October last year. The couple previously lived in Chilwell, Nottinghamshire, where for 10 years Andrew conspicuously flew the flag without incident.
Upon moving, he questioned locals on the Sandlands Park Facebook group page in February this year if installing a pole and union flag in his back garden would offend anyone. He said he received more than 70 positive comments, and decided to go ahead, but heard a knock at his door within hours of putting the flag up from a disgruntled neighbour, who said 'we don't like that, are you going to take it down?'
The father-of-two has so far complied with the notice but is now fighting back because he is 'proud to be British'.
"I can't see why a union jack flag is offensive. Why would you be offended by patriotism? We have become soft and don't want to upset other people, whereas I have done my bit for my country and I'm proud to be British. I went to war for my country. It's something close to my heart and every morning I feel like saluting it. We are becoming weak and spineless. Who are they to tell me not to fly the flag?"
Explaining what happened, he said, "Then we got a letter from Harron Homes saying they had been instructed by a solicitor that I have to take the flagpole down because it's causing a nuisance.
'I took it down but I have fought back."
The flagpole in Andrew Smith’s garden is not a permanent structure, with Andrew alternating and putting up the England flag during football and rugby matches.