Do you need permission to cut down a tree?

Felling a tree is not always as simple as it seems. Whether you are a homeowner, land developer, or just someone wanting to manage their garden, it’s essential to be aware of the legal protections that might apply. Cutting down a tree without the right permissions can result in hefty fines and other legal consequences.

Tree Preservation Orders (TPOs)

A Tree Preservation Order (TPO) is a legal protection placed on specific trees, groups of trees, or even whole woodlands by a local planning authority. TPOs aim to protect trees that provide notable amenity value to the public, including their contribution to the landscape or historic character of an area.

If a tree is protected by a TPO, you must obtain written permission from your local council before carrying out any work on it — including cutting down, topping, lopping, uprooting, or deliberately damaging it. This rule applies whether the tree is on private land or not. Working on a tree with a TPO without permission is a criminal offence and can lead to prosecution and a fine of up to £20,000 in Magistrates’ Court, or unlimited fines in more serious cases taken to the Crown Court.

Find details of your local authority.

Conservation Areas

Even if a tree does not have a TPO, it may still be protected if it is situated within a designated Conservation Area. These areas are of special architectural or historic significance, where the character or appearance is worth preserving or enhancing.

In Conservation Areas, any tree with a trunk diameter greater than 75mm (measured 1.5 metres above the ground) is subject to control. If you plan to cut down or work on such a tree, you must give your local authority six weeks’ written notice. This period allows the council to assess the tree’s value and, if necessary, issue a TPO to provide further protection.

Exemptions and considerations

There are certain exemptions where permission may not be required. For example:

• If the tree is dead, dying, or dangerous, you might not need consent, but you should always keep evidence (such as photographs or a professional arborist’s report) to justify the action. However, it is always safest to consult your local authority before proceeding.
• Trees that are part of commercial forestry operations under a felling licence from the Forestry Commission are subject to different rules.
• Some minor pruning or maintenance work may be permitted without formal consent; however, again, it’s always best to check first with your local authority.

How to check if a tree is protected

Before carrying out any work, it’s essential to check whether a TPO is in force or if the tree is situated within a Conservation Area. Typically, you can find this information through your local council’s planning department or website. Many councils provide interactive maps or search tools to facilitate this process.