What a TPO actually does
A Tree Preservation Order is made by the local council under the Town and Country Planning Act 1990. It makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a protected tree without written consent.
TPOs can cover a single tree, a group, an area, or an entire woodland. Ownership doesn't matter — if the tree is in your garden and it's protected, you still need consent.
Conservation Areas are different
In a Conservation Area, trees with a trunk diameter over 75mm (measured at 1.5m from the ground) are protected automatically, even without a TPO. Instead of applying for consent, you give the council six weeks' written notice of the intended work.
During those six weeks the council can either let the notice run out — in which case you may proceed — or serve a TPO to protect the tree properly.
Exemptions that genuinely apply
There are real exemptions, but they are narrower than most people assume, and the burden of proof sits with the tree owner.
- Dead trees — five days' written notice to the council is still required in most cases
- Trees that are an immediate risk of serious harm — document with photos before and after
- Work required by statutory undertakers (utilities, rail, highways)
- Work required to implement a full planning permission
- Fruit trees grown commercially for fruit production
Penalties for getting it wrong
Destroying a protected tree, or damaging it so it is likely to die, can bring an unlimited fine in the Crown Court. Lesser breaches carry fines up to £2,500 per tree. Councils also have the power to require replacement planting.
Contractors are prosecuted alongside homeowners, which is exactly why any reputable tree surgeon checks the status before quoting.
How we handle it
We check the tree's status with the local authority as part of the quote. If notice or an application is needed, we prepare and submit it for you at no extra cost, then schedule the work once the council has responded. It typically adds six to eight weeks to the timeline, so plan ahead where you can.
Common questions
How do I know if my tree has a TPO?
Your local council keeps a public register, and most publish it as an online map. We check it for you before quoting so nothing gets cut that shouldn't be.
Can I cut a protected tree if it's damaging my house?
Not without consent, unless it presents an immediate risk of serious harm. Structural damage claims normally need an application supported by evidence — we can help put that together.
What about overhanging branches from next door?
Common law lets you cut back to the boundary, but that right does not override a TPO or Conservation Area protection. Check first.