Cutting down a tree might seem like a straightforward decision, particularly if it is on your own land. However, it is often anything but simple. Many homeowners are unsure whether they are legally allowed to remove or prune a tree, and are concerned about the risk of getting it wrong.
In some cases, homeowners prune or remove a tree without realising the legal restrictions that apply. This can implicate the homeowner and, in some circumstances, anyone who carried out or instructed the work.
Questions often arise when a tree is causing a problem, such as blocking light, damaging property, interfering with development plans, or becoming unsafe. Others discover the issue when selling or buying a property, or after a neighbour raises an objection. Some homeowners only realise permission may be required after being advised by a contractor, surveyor, or local authority.
The law around trees can be surprisingly complex and carrying out work without the correct consent can lead to enforcement action, fines, or complications later, particularly when a property is sold.
This article explains why permission may be needed before carrying out tree works, the situations in which restrictions commonly apply, and what steps to take if you are unsure about your position.
What is a Tree Preservation Order (TPO)?
A Tree Preservation Order (TPO) is a legal order made by a local authority to protect specific trees, groups of trees, or woodlands from being cut down, pruned, or damaged without consent. Carrying out unauthorised works, even something as seemingly innocent as routine pruning on protected trees can lead to prosecution and significant fines. While each local authority may act slightly differently to a given scenario, the answer will usually remain the same.
Before starting any tree work, it is essential to check whether legal protections apply and to follow the correct application or notification process with the local planning authority. This is extremely important in the New Forest, where strict safeguards are in place to protect the local area.
Tree Preservation Orders Explained
A TPO is a legal protection given by a local planning authority by way of the ‘Town and Country Planning Act 1990’ to protect trees. Once the order is in force, it is then an offence to fell, damage or carry out works to the tree without the authority’s consent.
TPOs do not have to relate to an individual tree, as this could cause mass complication, and instead may relate to specific areas or entire woodlands. Their purpose is to preserve important landscape features, ensure proper management, and prevent premature removal, particularly when concerning development proposals.
How do you know if a tree is protected?
The most reliable way to check whether a tree is protected is to contact the local planning authority for the area where the tree is located. Local authorities keep a register of TPOs and conservation areas, and many make this information available online through interactive maps or planning portals.
Even if the tree is within a private garden and not visible from the road, protection can still apply. Also, there is no requirement for a physical notice to be attached to the tree. This is often why people wrongly assume that they can do what they want with trees on their property.
If the property is located within a conservation area, additional rules can apply too. In these areas, most trees above a certain size are protected automatically, and you are usually required to give the local authority advance notice before carrying out any work.
If you are buying or selling a property, information about protected trees may also appear in local authority searches, title documents, or replies to enquiries – but these searches should not be relied on as the sole method of checking, and you should carry out your own investigation.
If you are at all uncertain, it is safest to assume that restrictions may apply and to seek advice before carrying out any tree works.
How to check Tree Preservation Orders:
Firstly, contact the relevant local planning authority and request formal written confirmation. Although many authorities provide online maps showing the location of TPOs, these tools are not definitive and can omit recent or amended orders. For complete certainty, it is always advisable to review the authority’s official TPO register (such as the NFDC TPO Register) or obtain a copy of the order itself to confirm its scope and boundaries.
How long does a Tree Preservation Order last?
Once granted, a TPO will take effect immediately and continues to protect the tree indefinitely unless it is formally varied (changing the terms of the existing order) or revoked by the local planning authority. It is important to note that changes in land ownership do not affect TPOs. Landowners should therefore assume that all existing TPOs remain fully enforceable unless they have received written confirmation to the contrary.
How much does a Tree Preservation Order cost?
There is no fee payable by a landowner for a TPO to be imposed on their property, nor is there a charge for applying for consent to carry out works to a protected tree.
However, associated professional costs can arise and should always be considered, including reports, photographs, and potential legal advice.
How to get a Tree Preservation Order
A Tree Preservation Order may be requested by individuals; however, the decision to make one lies solely with the local authority. Authorities will usually consider whether a tree has significant public amenity value, is visible from a public vantage point, and merits protection to prevent inappropriate works.
Requests should ideally be supported by clear evidence of the tree’s condition, contribution to the landscape, and any threats it faces. Thought it must be noted that local authorities are not obliged to act on a request.
Can I cut down a tree in my garden?
Despite the tree being situated within land that you own – you do not automatically have the right to prune or cut it down. If there is a TPO in place, your property is located within a conservation area, or if there are any relevant planning conditions attached to the land, you may not have any rights over the tree. If none of these restrictions exist, routine tree works on private land generally can proceed without any issues. If any uncertainty exists, you should reach out to your local authority or obtain legal advice before any work is undertaken.
Challenging or removing a Tree Preservation Order
A Tree Preservation Order (TPO) can be challenged, but only by following a formal legal process. This process is set out in Part VIII of the Town and Country Planning (Tree Preservation) (England) Regulations 2012, often referred to in shorthand as TOCA in professional contexts.
In simple terms, TOCA is the legislation that governs how Tree Preservation Orders are made, confirmed, varied, challenged, and enforced, and it sets out strict procedures and time limits for raising concerns. For advice
In practice, successful challenges typically require robust planning evidence demonstrating that the tree no longer provides the amenity value originally relied upon or that the order has been applied incorrectly. Any request to vary or remove a TPO should therefore be carefully prepared and supported by appropriate expert advice, and our team of expert litigation solicitors can help if you are considering challenging a TPO.
Reasons for felling a tree with a TPO
Valid reasons for felling a tree with a TPO can include demonstrable health and safety risks, such as significant structural defects, disease, or instability supported by professional evidence.
Applications to cut down a tree with a TPO may also be considered where the tree is causing direct damage to property, and no reasonable mitigation measures exist.
The authority will balance these factors against the tree’s associated value and may require replacement planting as a condition of consent. It is important to note that even if the tree is demonstrating a risk or causing damage to your property, works carried out without proper justification or authorisation can still amount to a criminal offence.
Fines for breaching a Tree Preservation Order
Unauthorised works to a tree protected by a TPO constitutes an offence, and not being aware of the TPO isn’t considered a reasonable excuse. Where the works are carried out deliberately, the courts may impose an unlimited fine. In cases involving negligent or lesser harm, fines of up to £2,500 can still be imposed per offence.
In addition to financial penalties, the court may order the landowner to plant a replacement tree of an appropriate size and species, which then becomes automatically protected by the original order.
Breaches can also have wider implications for planning or development proposals, as they may lead the local authority to take further enforcement action or require remedial works.
Trees in conservation areas: what are the rules and exemptions?
Trees within designated conservation areas benefit from automatic protection where they measure more than 75mm in diameter at 1.5 metres above ground level. In such cases, landowners must usually give the local planning authority six weeks’ written notice before carrying out works to prune or remove the tree.
This notice period enables the authority to assess the tree’s contribution to the character of the area and if appropriate, grant a TPO.
Removing trees in a conservation area
Where a tree within a conservation area is not subject to a TPO, works may proceed only after the six‑week notice has expired without objection from the local authority. If the authority considers the proposed works inappropriate, it may grant a TPO within that period, meaning consent would then be required.
Landowners should keep clear records of any notices served and ensure that contractors do not begin work until the relevant period has elapsed or formal consent has been issued. As with TPOs, unauthorised removal may result in fines and a requirement to plant replacement trees.
Tree Preservation Orders and overhanging branches
Property owners are generally entitled to trim branches that encroach onto their land; however, where a tree is protected by a TPO or is situated within a conservation area, the usual common‑law rights are restricted.
Any works, including the removal of overhanging branches, require consent or prior notice unless an exemption applies. Returning cut branches to the adjoining landowner and avoiding damage to the overall health or structure of the tree remain important considerations.
What trees can be cut down without permission in the UK?
Trees that are neither subject to a TPO nor located within a conservation area can usually be cut down without the need for consent. However, exceptions can still apply, including trees covered by planning conditions, those within new developments, trees supporting protected wildlife, and trees on boundaries shared with neighbouring landowners. For more information on property boundaries, read our article on boundary agreements – what they are and how they work.
Woodland areas may also fall within the remit of the Forestry Commission’s felling licence regime, which can require formal approval for the removal of even unprotected trees. As a result, the absence of a TPO does not automatically guarantee that no permissions are required.
As you can see, cutting down or pruning a tree is rarely as simple as it first appears. With Tree Preservation Orders, conservation area controls, and other legal restrictions often applying, it is important to check your position, especially before any work is carried out. Taking advice early can help avoid costly mistakes, delays, or enforcement action later, and ensure that any necessary tree works are handled lawfully and proportionately.
For further advice or guidance on Tree Preservation Orders or proposed works affecting your property or development, please contact our Litigation and Dispute Resolution lawyers, who will be happy to help.
