If you’ve been staring at a tree in your garden and wondering whether you can chop it down, you’re not alone.
Maintaining your green spaces often requires careful thought, especially when it comes to removing trees. Whether the tree feels like an obstruction, is diseased, or simply doesn’t fit with your plans, cutting down trees isn’t always as simple as grabbing a saw.
Before you pick up your tools, it’s important to understand the laws, regulations, and necessary steps to avoid hefty penalties and fines.
This guide will take you through everything you need to know about felling a tree in your garden within the UK.
Things to Consider Before Cutting Down a Tree
Before felling a tree in your garden, you need to reflect on a few critical factors, such as the tree’s size, location, and legal protections. Here’s what to keep in mind:
1. Size of the Tree
Larger trees are more challenging to handle both legally and practically. If it’s tall or has a wide trunk, ensure you have the necessary skills or consider hiring a professional tree surgeon.
There’s also the matter of safety – cutting from a tree that’s too large or unstable can cause injury or damage to your property.
2. Conservation Areas
Is your garden in a conservation area? If so, special restrictions apply.
Even pruning or cutting from a tree in these zones can require permission. Conservation areas are designated to protect local heritage or biodiversity, and cutting down trees without approval is considered an offence.
3. Tree Preservation Orders (TPOs)
A Tree Preservation Order is a legal protection placed on specific trees or woodlands.
TPOs are used to preserve trees of significant value, usually for their beauty, historical importance, or contributions to biodiversity.
Cutting down a tree with a TPO, or even trimming it without permission, could result in penalties or fines.
4. Planning Conditions
If your property was part of a new development, it’s worth checking your planning conditions.
Local authorities sometimes impose conditions to protect trees as part of new building projects. If a tree in your garden is covered by these conditions, you cannot remove or cut it without permission.
5. Alternatives to Felling
If the tree isn’t diseased or dead, have you considered alternatives to felling?
Pruning, crown reducing, or reshaping are options that could achieve your goals while preserving the tree. Consulting a professional arborist can help you explore these possibilities.
Who to Contact Before Cutting a Tree
If you’re unsure whether you can fell a tree, contacting the right authorities is essential.
Not only will this ensure your actions are legal, but it could also help you access advice or resources for managing your garden effectively.
- Forestry Commission (England): For guidelines, felling licences, and regulations in England, contact the Forestry Commission.
- Scottish Forestry (Scotland): For individuals in Scotland, especially if you need a felling licence, contact the Scottish Forestry.
- Natural Resources Wales (Wales): Natural Resources Wales handles tree felling and woodland management queries in Wales.
- Northern Ireland Forest Service (Northern Ireland): For support and regulations on tree-related issues in Northern Ireland, contact the Northern Ireland Forest Service.
These organisations can help determine whether you need a felling licence, advice on conservation management, or permission to cut down specific trees.
Understanding the Laws Surrounding Cutting Down Trees in the UK
Laws regulating tree felling help protect the environment and individual properties. Here’s a general overview of UK tree-cutting laws:
Felling Licences
If you’re cutting down trees that exceed a certain volume, you will likely need a felling licence.
Felling licences are issued by the Forestry Commission in England or equivalent bodies in other parts of the UK. Exceeding the licensed amount without one could land you with penalties or fines.
Tree Preservation Orders (TPOs)
If the tree has a TPO, it is protected under the Town and Country Planning Act 1990. Permission from your local council is mandatory before any pruning or felling can occur.
Planning permission may be granted for certain cases, such as if the tree is dangerous or diseased.
Conservation Areas
If your garden is in a conservation zone, cutting or removing a tree (even without a TPO) requires formal notice to your local council.
You must give at least six weeks’ notice so they can determine whether protection measures apply to the tree.
Border Trees
If the tree is on a property boundary, you and your neighbour must both agree before cutting it down.
Ownership disputes can complicate things, so it’s essential to confirm where the tree sits and involve your neighbour in decisions.
Cutting Down Trees with a Tree Preservation Order (TPO)
A TPO can make felling a tree in your garden more complicated. It’s important to remember the following:
1) Permission Required:
You can only proceed with felling a tree with a TPO if you have explicit permission from your local council. This includes trimming or pruning activities. Failure to obtain approval is a criminal offence.
2) Reasons for TPOs:
A tree might be given a TPO for a range of reasons, such as being of particular beauty, historical value, or vital for supporting wildlife. Councils take these reasons seriously, so applications for removal without strong justification are often denied.
3) Planning Permission Assistance:
If the tree is severely diseased or poses a safety risk, planning permission may be granted to cut it down. You may need to provide evidence, like an arboricultural report, to support your application.
Consequences of Cutting a Protected Tree
Illegally cutting down a tree with a TPO or in a conservation area comes with severe penalties and fines.
Fines can reach up to £20,000 in a Magistrates’ Court, and more significant breaches may result in unlimited fines if the case is escalated to a Crown Court.
On top of this, you could face legal orders to replace the tree with one of a similar size or species.
Finding Out if a Tree Has a TPO
Your local council is the best source for discovering whether a tree has a TPO.
Councils maintain a public record of TPOs, and many now offer online maps or tools to help residents check protected trees.
What if There’s No TPO or Conservation Restrictions?
If no TPO or conservation conditions apply, felling a tree in your garden is generally allowed.
However, always exercise care and ensure that the tree doesn’t pose a danger to others during the process of removal. If you lack the skills or equipment, hiring a professional ensures safety and compliance with any unspoken regulations.
Determining Ownership of the Tree
Before felling a tree, confirm that it is on your property. Border trees can be a grey area, and making assumptions could cause disputes with your neighbour.
Check land deeds or boundary records to clarify ownership, and initiate discussions with your neighbour if the tree straddles the property line.
Final Thoughts
Chopping down trees in your garden is more than an afternoon DIY project – it’s a process that involves careful assessment of laws, safety, and potential consequences.
From navigating TPOs and conservation areas to ensuring you have the necessary permissions, due diligence is crucial.
If you’re looking to cut, fell, prune or remove trees in your garden, talk to a member of our team. Eley’s Tree Services has over 10 years of experience in helping homeowners manage their trees responsibly and comply with all laws and regulations.
We are happy to offer advice, guidance, or professional services to ensure your tree-related activities are carried out safely and legally. Get in touch today!