Trees and the Law

Construction close to trees Trees are easily damaged by construction works, regardless of their scale. Digging a garden pond may cause damage to trees in the same way as building demolition and construction. It is important to ensure that trees are adequately assessed before ANY work takes place. This is [...]

Dangerous trees The safety of trees is nearly always the responsibility of the owner of the land on which they grow; but there are some exceptions, such as when a rental agreement requires the tenants of a property to manage the trees. The tree owner or manager has a ‘common [...]

If your trees are protected by a Tree Preservation Order, or you are within a Conservation Area, or the trees are protected by a condition attached to a planning permission, then you will need consent for the works. Find out if your tree has a TPO More detailed information on [...]

Your local council is responsible for making Tree Preservation Orders (TPO). You should contact your local authority and speak to the tree officer or someone in the planning department who should determine whether the making of a TPO is appropriate. More detailed information on TPOs: www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO

You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). If your tree is protected then [...]

The following advice applies to England only and is for guidance purposes only. Some trees are protected by legislation, and it is essential that you establish the legal status of trees prior to carrying out works to them. Unauthorised work to protected trees could lead to prosecution, resulting in enforcement [...]

Under common law rights a neighbour can cut back any foliage that overhangs the boundary to the boundary line without reference to the owner of the tree/shrub

If the building work proposed requires planning consent, all trees which could potentially be affected by the development (including those off-site) should be assessed by an arboricultural consultant in accordance with British Standard BS5837:2012 Trees in relation to design, demolition and construction – Recommendations, and details of this submitted to the [...]

If you need to check if a tree on your land has a Tree Preservation Order (TPO) on it.