As a homeowner, you have the right to maintain your property, but when it comes to cutting down trees in your garden, it’s not always clear whether you’re allowed to or not.. In most cases, you can chop down a tree in your garden, but it is not as simple as getting out in the garden and getting to work.

Beforehand, there are some vital checks that you must do to avoid fines or even criminal prosecution. The first and most critical question you need to answer is: Does this tree have a Tree Preservation Order (TPO)?

What is a Tree Preservation Order or TPO?

A TPO is a planning measure made by the local council to protect specific trees or entire woodlands from intentional destruction. Even if your tree sits on private property, it still could be protected by a TPO, which is why it is always best to check.

What Sort of Trees Have a TPO?

A TPO can be placed on any species, size or age of tree that the local council deems to offer a high level of “amenity value” to the local area. This means the TPO is less to do with the tree itself but more to do with what it brings to the area. Therefore, consider if your tree is healthy, visually prominent, and contributes to the character of the neighbourhood. These are the main factors that contribute to if a tree becomes a candidate for a TPO.

Do I Need To Consult The Local Council When Felling a Tree?

Even if your tree doesn’t have a TPO, there is still a likelihood that you need to first consult the council before you cut it down, especially if you live within a conservation area. This is an area of architectural or historic interest, which the council wants to preserve.

Conservation areas have some regulations around cutting back trees:

  • If you plan to carry out significant pruning on a tree in a conservation area (on a tree with a diameter greater than 75mm and is above 1.5m from the ground), you must provide the Local Planning Authority with six weeks’ written notice of your intentions, which is often referred to as a section 211 notice.
    • The council will then make a decision on this. It could result in them rejecting your request and giving the tree a permanent TPO. If they do not object, then you are free to make the changes you outlined.

Is It Illegal To Fell A Tree In My Garden?

This is dependent on the tree, but yes, it is illegal to fell a tree in your garden if the tree is protected by a TPO or you fail to provide 6 weeks’ notice for a tree in a conservation area. Breaching these planning laws is a criminal offence and can lead to severe fines of up to £20,000. This is why we recommend you reach out to a professional tree consultant before undertaking any work.

Do I Need To Consult A Professional When Felling a Tree?

Although legislation does not make it mandatory for a professional tree consultant to be involved, a certified tree specialist is highly recommended for almost all tree work, especially felling. A professional is able to help with the following:

Legal Compliance

A tree consultant can check the Local Planning Authorities’ records for TPOs and confirm if your property is within a conservation area before you begin, saving you all the hassle. This can save you from paying any fines.

Arboricultural Safety

Cutting down a tree in your garden is no easy feat and can be extremely dangerous. Therefore, hiring a tree consultant removes all the stress and potential damage, as they will use specialist equipment and have the knowledge to control the direction of the fall, which is especially important in restricted garden spaces.

Even if you are not looking to chop down a tree in your garden, a tree survey is a great way to check the health of a tree in your garden. It outlines the condition of the tree, risks it could potentially impose, and recommendations on maintaining it.

Tree Health & Conservation

Professionals also understand the rules around cutting back trees, ensuring any pruning is done legally and does not threaten the structural integrity of the tree. Similarly, they are trained to look out for signs of protected wildlife, ensuring that felling the tree does not violate the Wildlife and Countryside Act 1981.

Can I Cut Down a Tree Overhanging My Garden?

You have a legal right, known as the right of abatement, to manage any part of a neighbour’s tree that encroaches onto your property, given that you do so responsibly. This means you can legally cut back branches that overhang your garden, but only as far back as the boundary. You cannot cut the branches in a way that would make the tree dangerous, unstable or threaten its health. If you were to intentionally cause damage from excessive or poor pruning, your neighbour could take legal action. Due to you having no legal right, you can’t demand that your neighbour trim the tree or have it removed.

What to Do With the Cuttings?

If you decide to cut back your neighbour’s overhanging tree, they still legally own the cuttings. Since the tree owner (your neighbour) is entitled to them, you must offer them back or arrange for appropriate disposal yourself. However, you must not just throw them back over the fence, as this could be considered fly-tipping.

Who Do You Need to Consult When Felling a Tree?

As the homeowner, you should check for TPOs and Conservation Area regulations. This could mean reaching out to the local planning authority to double-check. To save yourself from having to reach out to the LPA, check for TPOs and fell a tree on your own, we recommend you reach out to a professional tree consultant who will look after all of this for you!

Get in touch with our expert team today. We can offer expert consultancy solutions for your tree!