Tree preservation orders (TPOs) explained: UK guide

Tree preservation orders (TPOs) catch out a lot of homeowners, and they can land tree surgeons in trouble too. “Can you just take it down next week?” If the tree is protected, the honest answer is often “not yet”. Explaining why, clearly and early, saves arguments later and shows customers you know what you’re doing.

This guide covers the basics in England. Wales, Scotland and Northern Ireland have their own rules, and every council handles applications a little differently, so always check with the local council before work starts. The official guidance is on GOV.UK.

What is a tree preservation order?

A tree preservation order is made by the local council to protect a tree, a group of trees or a woodland. If a tree has a TPO, you normally need the council’s consent before cutting it down, pruning it, cutting roots or doing anything else that could damage it.

The owner, or a tree surgeon on their behalf, applies to the council, describing the work and why it’s needed. Councils don’t charge a fee for these applications. A decision usually takes several weeks.

Trees in conservation areas

Trees in a conservation area are protected even without a TPO. Before working on most of them, you need to give the council six weeks’ written notice. This applies to trees with a trunk diameter over 75mm, measured 1.5 metres above the ground. During those six weeks the council can decide to protect the tree with a TPO. If it doesn’t, the work can go ahead once the six weeks are up.

Dead or dangerous trees

There are exceptions for trees that are dead, or that pose an immediate risk of serious harm, but they’re narrower than many people think. In most cases you still have to give the council written notice, often five working days beforehand, and keep evidence such as photos and a written report. Get it wrong and the owner, and whoever did the work, can end up in trouble.

What happens if the rules are ignored?

Working on a protected tree without consent or notice can lead to prosecution, a large fine and an order to plant a replacement. That applies to whoever carries out or causes the work, so customers and tree surgeons both have reason to get it right.

How to check if a tree is protected

• Ask the local council’s tree or planning team. Many councils have an online map of TPOs and conservation areas.
• Check the property’s search results or deeds if the customer bought recently.
• If in doubt, ask. It costs nothing and avoids problems.

Other protections to check

• Nesting birds. It’s an offence to damage or destroy an active bird’s nest. Check before you start, whatever the time of year.
• Bats. Some trees support bat roosts, which are protected separately.
• Planning conditions. Trees on newer developments may be protected by conditions attached to the planning permission.

For tree surgeons: making this easy for customers

Customers don’t need to become experts. They need to know whether the tree might be protected, what you’ll do about it, and how long it could add. A line in your quote such as “If the tree is protected, we’ll check with the council and handle the paperwork” goes a long way. See how to write a quote.

RoughFigure’s tree surgery estimator asks customers whether the tree is protected or in a conservation area and tells them you’ll help check with the council, so the subject comes up before you arrive. For pricing the time involved, see how to price tree surgery work.

Questions

How do I find out if my tree has a TPO?

Contact your local council’s planning or tree team, or check their online map if they have one.

How long does TPO consent take?

Councils usually take several weeks to decide. Allow time for this in your plans.

Can I prune a protected tree?

Usually only with consent (for a TPO) or after giving notice (in a conservation area). Small exceptions exist, so check with the council first.

This guide is general information, not legal advice. Rules and procedures can change, so check with the local council or GOV.UK before starting work.