If you own land with trees on it, you might assume that you are free to remove them whenever you choose. However, in many cases, there are legal restrictions that mean you may need permission before carrying out tree felling or other tree work.
Failing to obtain the correct permissions can result in significant fines and legal complications, so it is always worth checking before any work begins.
Tree Preservation Orders (TPOs)
One of the most common restrictions affecting trees on private land is a Tree Preservation Order (TPO).
A TPO is made by a local planning authority to protect trees that provide significant public amenity value. If a tree is protected by a TPO, you will generally need permission from the council before carrying out work. This may include:
- Pruning
- Crown reduction
- Crown lifting
- Felling
Carrying out unauthorised work on a protected tree can lead to prosecution and substantial fines.
Are you unsure whether a tree is protected by a TPO? Your local council should be able to advise you. At Simpson Arboriculture, this is something we always check before arranging any tree work.
Trees within conservation areas
Even if a tree is not covered by a TPO, it may still be protected if it is located within a Conservation Area.
In most cases, if you wish to carry out work on a tree within a Conservation Area, you must give the local authority six weeks’ written notice before work begins. This is usually via an Application for Tree Works form which should be available on a council’s website. This allows the council time to assess the tree and decide whether further protection is required.
There are some exemptions such as if the tree is below a certain size or you are removing deadwood only, but it is always advisable to seek professional guidance before proceeding.
Forestry felling licences
For larger-scale tree removal, particularly on woodland or forestry sites, a felling licence may be required from the Forestry Commission.
In England, a licence is generally needed if more than 5 cubic metres of timber will be felled in a calendar quarter, although there are various exemptions depending on the circumstances.
Felling trees without the appropriate licence can result in enforcement action and a requirement to restock the land.
Planning conditions and development sites
Trees can also be protected through planning conditions attached to a property or development site.
If you are planning construction work, extensions, access routes or landscaping projects, there may be restrictions on tree removal as part of the planning approval.
It is important to check any planning conditions before arranging tree work.
Dead or dangerous trees
There are situations where permission may not be required, such as when a tree is dead or presents an immediate risk to public safety.
However, evidence may be needed to demonstrate the condition of the tree, and it is often sensible to document the issue with photographs and seek professional advice before work takes place.
Where protected trees are involved, local authorities may still expect to be notified. This is usually through a 5 day notice. As with TPO and conservation area applications, this is something that we can submit on behalf of our customers if required.
Boundary and ownership considerations
Before arranging any tree work, it is also important to confirm ownership.
Trees growing on a boundary may be jointly owned, while trees near neighbouring properties can sometimes create disputes if removed without discussion. Checking ownership and communicating with affected neighbours can help avoid unnecessary problems. For more information on this, please see our blog: Who is Responsible for Trees on Boundary Lines?
How can we help?
Owning a tree does not automatically give you unrestricted rights to remove it. Tree Preservation Orders, Conservation Areas, felling licence requirements and planning conditions can all affect what work is permitted.
At Simpson Arboriculture, we can help customers navigate the regulations surrounding tree work. If you are considering having any tree work carried out and are unsure about the legal requirements, our team will be happy to provide advice and guidance before any work takes place. We regularly submit applications on behalf of our customers and oversee the whole process.
Get in touch
If you are interested in having tree work carried out but you are not sure where to start, you can get in touch with our friendly team via our website. Seeking professional advice from an experienced tree surgery company such as Simpson Arboriculture at the outset can help ensure the work is carried out safely, legally and with complete peace of mind.





