Do You Need Permission to Cut Down a Tree?

Want a quick answer for your tree? Try our free permission checker. It checks conservation areas and TPOs for your exact location.

The short answer: it depends. Most trees in private gardens can be pruned or removed without permission. But some trees are legally protected, and carrying out unauthorised work on them can result in an unlimited fine.

Here's what you need to know before you pick up the phone to a tree surgeon.

Tree Preservation Orders (TPOs)

A Tree Preservation Order is a legal protection placed on a specific tree (or group of trees) by the local planning authority. It prohibits any work (pruning, felling, or significant root disturbance) without prior written consent from the council.

TPOs are placed on trees that make a significant contribution to the local environment and amenity. They're more common than many people realise, particularly on older, larger trees in suburban areas of Kent and South East London.

Carrying out unauthorised work on a TPO'd tree is a criminal offence. The maximum fine is unlimited, and prosecution is not uncommon where significant damage has occurred.

How to check: Your local council holds a public register of TPOs. You can also ask us to check before any work begins. We do this as standard on every job.

Conservation Areas

If your property is within a designated Conservation Area, additional rules apply to any tree with a trunk diameter of more than 75mm (measured at 1.5m from the ground).

You must give your local council six weeks' written notice before carrying out any work. The council can use this period to make a TPO on the tree if they consider it worthy of protection. If they don't respond within six weeks, you can proceed.

Failure to give notice is an offence with the same penalties as unauthorised TPO work.

When You Don't Need Permission

• Trees in your garden not covered by a TPO and not in a Conservation Area
• Trees under 75mm trunk diameter in a Conservation Area
• Dead trees: you can remove a dead tree without consent (though it's worth confirming it isn't TPO'd first)
• Trees that pose an immediate danger to life: emergency work is exempt, though you should document the risk
• Fruit trees in domestic gardens: generally exempt from TPO restrictions

What About Neighbour's Trees?

You have the right to cut back branches and roots that cross into your property, but only to the boundary line. You cannot cut beyond the boundary without the tree owner's permission, even if branches are overhanging or roots causing damage. Any cuttings technically belong to the neighbour and should be offered back.

If a neighbour's tree is covered by a TPO, the same rules apply regardless of whose garden the branches are in. You'd need council consent to carry out any work beyond cutting to the boundary.

How We Can Help

Before any work begins, we check whether your trees are subject to TPO or Conservation Area restrictions. If consent is required, we can advise on the application and, in many cases, assist with its preparation. The application process is straightforward for legitimate work: the key is not to proceed without it.