Tree Regulations and Permissions – Understanding Legal Responsibilities Before You Act

Whether you’re a homeowner looking to prune back an overhanging branch or a developer preparing a large-scale construction site, understanding the legal framework around trees isn’t optional—it’s essential. Many of the UK’s trees are protected by legislation that controls when, how, and even if they can be worked on.

Why Tree Regulations Exist

Trees are not just individual features in a garden—they are part of a broader ecological network. In urban and suburban environments, they provide irreplaceable benefits:

To protect these benefits, legislation gives certain trees legal status. Some are protected individually; others fall under blanket protections for conservation zones. Understanding which laws apply to your property is a critical first step before commissioning any tree work.

Tree Preservation Orders (TPOs)

What Is a TPO and Why Does It Matter?

A Tree Preservation Order (TPO) is a legal instrument issued by a local planning authority (LPA) to protect a specific tree, group of trees, or woodland. Its purpose is to prevent unauthorised:

TPOs are usually placed on trees with significant amenity value—those visible from a public road, within a landscape of historic interest, or playing a key role in the local ecosystem. Breaching a TPO is a criminal offence that can lead to fines of up to £20,000, or unlimited fines if prosecuted on indictment.

How to Check if a Tree Has a TPO

The presence of a TPO is not always obvious. You must check with your local council’s tree officer or planning portal before carrying out any work. Tree Thyme can also do this on your behalf as part of a pre-work assessment.

Even if the tree is on your private property, a TPO still applies—and unauthorised action can result in enforcement regardless of ownership.

Trees in Conservation Areas

Automatic Protection for Trees Over a Certain Size

In designated Conservation Areas, any tree with a trunk diameter of 75mm or more (measured at 1.5m above ground) is automatically protected—even if it isn’t under a TPO. This includes trees on private land, in rear gardens, or along boundaries.

Before carrying out work on such a tree, you must submit a Section 211 notice to your local authority. This provides six weeks for the council to assess the tree’s value and, if necessary, serve a TPO.

Failing to give notice—or starting work within the six-week period—can lead to the same penalties as a TPO breach.

Tree Work and Planning Permission

Trees on Development Sites

If trees are present on a proposed construction or extension site, the planning process will likely require a BS5837 Tree Survey and associated reports. These assess:

You cannot rely on common sense alone; local planning departments take tree protection seriously and will often refuse applications that lack adequate arboricultural detail.

Tree Constraints Plans and Arboricultural Impact Assessments

Where trees are retained during development, they must be protected by fencing, signage, and exclusion zones. This is governed by the Root Protection Area (RPA), a calculation based on trunk diameter.

Intruding on the RPA during works—through excavation, soil compaction, or concrete pouring—can kill the tree. Local authorities frequently condition planning permission on the implementation of tree protection measures, and inspections may be carried out during the build.

Emergencies and Exemptions – What Can You Do Without Permission?

Not all tree work requires prior approval. Exemptions exist for:

However, in each of these cases, the burden of proof is on the landowner or contractor. We strongly recommend photographing the condition of the tree, keeping site notes, and notifying the local authority after the work is completed.

Emergency removal of a tree under TPO or Conservation Area protection must be justifiable—not simply convenient.

Highways, Neighbours, and Boundary Trees

Overhanging Branches and Shared Trees

In the UK, you may cut branches that overhang your property boundary, but only up to that line—and not if the tree is protected by a TPO or located in a Conservation Area. The arisings (cuttings) technically belong to the tree’s owner and must be offered back.

If a tree straddles the boundary line, ownership may be shared, and decisions must be made jointly. Disputes about shared tree maintenance are common and sometimes escalate to legal action.

Tree Thyme can assist with independent tree assessments and written reports to help de-escalate or clarify such disputes.

Trees by Roads and Pavements

If you are responsible for land bordering a public highway, you may be liable for injury or damage caused by falling branches or obstructive growth. Councils can issue enforcement notices if they believe trees are causing risk or obstruction. Keeping your trees well maintained is not just good practice—it’s often a legal responsibility.

Working With Tree Thyme – Navigating Permissions Properly

At Tree Thyme, we help clients:

Check for Tree Preservation Orders
Submit Conservation Area notices (Section 211)
Prepare and deliver BS5837-compliant reports for planning
Liaise with tree officers and local authorities
Produce tree risk assessments for highways or legal compliance

Our role is not just to carry out the work—but to ensure it’s done lawfully, with care, and with full documentation. Cutting corners on permissions can be costly. Getting it right up front protects you, your property, and your trees.

Know Before You Cut

Tree regulations in the UK are not a bureaucratic hurdle—they are the legal reflection of our society’s recognition of the value that trees provide. Whether it’s an ancient oak at the edge of a playing field or a small birch in your front garden, trees are part of a shared landscape and deserve to be managed with knowledge, responsibility, and respect.

If you’re planning tree work and aren’t sure where to begin, always seek professional guidance first. Mistakes are easy to make, but hard to undo.