Trees and the Law
If you have any trees on your property, there are certain areas of the law which may apply to you. This information gives a brief outline of your responsibilities as a tree owner and aims to provide guidelines to the procedures required in order to maintain your trees and comply with the law.
Common
Law
Tree owners should examine their trees every spring and autumn for any signs of deterioration or problems. The trees should be examined by a professional arboriculturalist every two to three years. Failing to care for your trees adequately could make you liable to claims for negligence should those trees cause damage to people or property.
Conservation
Area
Written notification must be given to the Local Authority of any proposed tree work including pruning on any trees within the conservation area with a stem diameter greater than 75 mm.
Your notification should include a brief description of proposed works together with location details of the property and the trees concerned. The Council has six weeks to consider your proposals. Generally, if you have not had a reply within this period, you may proceed with the specified work. The Council, will, however endeavour to assess your proposals and reply to you well before this allocated period expires.
Tree
Preservation Order
A Tree Preservation Order (TPO) is served by the Council to protect a tree when its life or health is seen to be threatened. If you are not sure if any of your trees are protected by a Tree Preservation Order, please contact your Local Authority for confirmation.
A written application for any proposed tree work, including pruning, should be submitted to your Local Authority.
An application must:
- State the reasons for making the application
- By reference, if necessary to a plan, specify the trees to which the
application relates and the operations for which consent is required.
Your Local Authority has two months from the date the application was received to give notice of its decision. If you have not had a reply after this period, you have the right to appeal to the Secretary of State for the Environment.
Tree Surgery is a skilled and dangerous job. It should be carried out by professional arborists. All works should comply with British Standard 3998/1989 Recommendations for Tree Work.