Most garden trees you can prune or fell without asking anyone. Two rules change that, and the fines for getting it wrong are unlimited.
Most trees in a private garden in England can be pruned or felled without permission. Two things change that: a Tree Preservation Order (TPO) on the tree, or the tree standing inside a conservation area. Check both before anyone picks up a saw.
What is a TPO?
A Tree Preservation Order is a legal order made by your local planning authority to protect a tree, a group of trees or a woodland. Once a tree has a TPO, you need written consent from the council to cut it down, top it, lop it, uproot it or damage it. That covers pruning as well as felling.
The order stays with the land, so it still applies when a house changes hands. Your solicitor's searches should flag it when you buy.
Conservation areas
If your tree is in a conservation area and has a trunk diameter of more than 75mm, measured 1.5 metres above the ground, you must give the council six weeks' written notice before working on it. This is called a section 211 notice. The council uses those six weeks to decide whether the tree deserves a TPO.
How to check
- Look at your council's website. Most councils publish a TPO map or register.
- Ring the council's tree officer and give them the address.
- Ask us. We check protection status as part of every quote.
How the application works
For a TPO tree, the application goes to the council on a standard form with a description of the work and the reasons for it. Councils aim to decide within 8 weeks. They can approve it, approve it with conditions, or refuse it.
There's no council fee. We prepare the application, include photos and a professional reason for the work, and deal with the tree officer for you.
Exemptions exist, for example for dead trees or work needed to remove an immediate danger. They're narrow, and you'll want evidence. Speak to us or the council before relying on one.
What if you get it wrong?
Cutting down or wilfully damaging a protected tree without consent is a criminal offence. Councils can prosecute, and the fine can be unlimited. You may also be ordered to plant a replacement.
If you're not sure, ask. A five minute check is cheaper than a court case.
Need a hand? Call us on 020 3897 0446 or send us a message for free advice.
