One of the most common questions that tree surgeons get asked by clients is whether or not they can simply cut down a tree located on their own property. Depending on where you live and what trees you’re talking about, the answer might be more complicated than you’d initially imagine. In this article, we’ll explain some of the ins and outs of cutting down trees on your own property in the UK.
A client asks: “Can I just cut down trees on my own property?”
A tree surgeon answers: “It depends.”
Ok, it’s hardly a snappy punchline to a joke – but nonetheless, in the tree-cutting business, it’s the answer that every tree expert worth their salt will give to that question. So, why is that the answer? Well, because there are a number of rules and regulations around tree-cutting in the UK that homeowners should be aware of, even if the tree in question is slapbang in the middle of their property.
Let’s take a closer look.
What Rules Do I Need to Consider Before Cutting Down a Tree on My Property?
First and foremost, property owners should understand that trees can be protected in many different ways in the UK.
This means that certain types of trees will hold a certain status under the law. The most well-known protection is through Tree Preservation Orders (TPOs). A TPO is a special order made by the local planning authority that protects specific trees or groups of trees.
The reasons for a TPO can vary; it may be to protect trees that have an ecological importance to the area, or it may be because a tree has a historical or visual significance.
It probably goes without saying, but if a tree on your property is protected by a TPO, you are not allowed to cut it down. You are also not allowed to uproot it, wilfully damage, or destroy it without first getting the necessary permissions from the local planning authority. Doing so without the proper approvals can result in a fine (these can be surprisingly hefty, with fines reaching up to £20,000).
So, when considering whether or not to cut down that tree in your garden that’s been bugging you, it’s important to check if any trees on your land have a TPO before doing any work.
What Else Do I Need to Know?
As well as to TPOs, trees may also be protected if they are located in a Conservation Area, as designated by the local authorities. These are areas that have been identified as being of special architectural or historic interest, meaning that they are required – by law – to be preserved. Similar to TPOs, you’ll need to get local authority permission before carrying out any tree work in a Conservation Area.
Another piece of legislation to be aware of is the Hedgerow Regulations 1997. These rules apply to rural countryside hedgerows that are at least 30 years old. If you want to remove a protected hedgerow, you’ll need to apply for permission from the local planning authority. (However, these rules only apply to hedgerows that are over 20m long).
So, is that everything you need to know?
Unfortunately not. There are still some rules that you’ll need to keep abreast of before lopping down your trees. Even if your tree isn’t protected by TPO, or isn’t in a Conservation Area, there are other issues to keep in mind.
For one thing, many tree species are home to protected wildlife, like birds, bats, or other animals. Under the Wildlife and Countryside Act 1981, it’s against the law to intentionally kill, injure, or disturb these protected species or damage their breeding and/or resting places.
For another thing, many trees provide essential ecological benefits, like filtering air pollution, reducing flood risk, and providing valuable habitats. Even if a tree isn’t officially “protected”, removing it could still have negative consequences. Therefore, the local authority might want to regulate your tree removal plans.
So, What Should I Do If I Want My Tree Removed?
Rather than poring over decades worth of rules, regulations, legislation, and local authority orders to find out if you can cut down a tree on your own property – the best course of action you can take is to simply reach out to tree care experts in your area.
A good tree care expert will properly assess the situation, identify any legal or ecological issues, and advise you on the best course of action. They’ll also be able to make sure the work is carried out safely and in compliance with all relevant regulations.
Trying to take on major tree work yourself, without the right expertise, can be extremely dangerous and lead to steep fines if you find yourself running afoul of the law!
If you need advice from a trusted tree care specialist, reach out to About Trees for a free consultation.
