Tree Preservation Orders and Conservation Areas Explained
How to check whether a tree is protected in England, when you need to notify the council before tree work, and what happens if you get it wrong.
Before anyone picks up a saw, one question matters more than any other: is this tree legally protected? Cutting down, pruning or damaging a protected tree without permission can lead to prosecution and substantial fines, and replacement planting may be required.
This is general information, not legal advice. Rules differ between England, Scotland, Wales and Northern Ireland, so check with your local authority.
Two common kinds of protection
Tree Preservation Orders (TPOs)
A TPO is made by the local planning authority to protect individual trees, groups or woodlands that contribute to the area. Under a TPO you generally need consent to cut down, top, lop, uproot or wilfully damage the tree, with some exceptions such as dead or dangerous trees, where notice is typically needed.
Conservation areas
Trees in a designated conservation area are protected too, even without a TPO. You usually must give the council written notice, commonly six weeks, before work on trees above a certain size. The council can then decide whether to make a TPO.
Other protections may apply, such as planting conditions attached to planning permission, felling licences for larger quantities of timber, and rules for woodland and listed buildings' grounds.
How to check
- Contact your local council planning department. Many have an online map of TPOs and conservation areas.
- Provide the address and a description of the tree and its location.
- Ask for confirmation in writing if you are about to commission work.
- Check neighbouring properties, since the tree may be on a boundary.
Do not assume that because you own the tree, you can do what you like with it.
What is generally permitted without consent
Some work does not require consent, but it is safest to check before relying on exceptions:
- Removing dead branches or a dead tree, in many cases subject to notice requirements.
- Work to prevent immediate risk of serious harm.
- Certain work on fruit trees in orchards or commercial cultivation.
- Cutting branches that overhang your boundary, subject to the tree's protection and your responsibilities.
A tree surgeon can advise, but responsibility generally remains with the person instructing the work.
Making an application
If the tree is protected and you want to carry out work:
- Complete the application form from your council or the national planning portal.
- Describe the work clearly: which tree, what work and why.
- Include a plan and photographs.
- Include supporting evidence, such as an arborist's report if the tree is diseased or causing damage.
- Wait for the decision, which usually takes several weeks.
If consent is refused, you may be able to appeal.
What if you get it wrong?
Unauthorised works to protected trees can be a criminal offence, with potentially unlimited fines for serious cases. A replacement planting requirement is also common. That is why a reputable tree professional will raise protection early, and why you should never rely on vague assurances.
Choosing and instructing a professional
Ask whoever quotes for the work to confirm that protection has been checked, and who will make any notification or application. See tree surgeon vs gardener and tree surgery costs for related advice.
On Compito you can search by postcode, compare ID-verified local providers, send a request including your protection check, and message them to confirm the plan before you accept an offer. See how it works.
Worked example: a plan to reduce a garden tree
A homeowner wants to reduce an overhanging oak because it blocks light to the kitchen. Before booking anyone, they check the council's online map and find the property is in a conservation area. They write to the council with a simple description, a photograph and a note of the proposed work, and wait for the notice period to pass. The council responds that a TPO is not being made, but suggests a light reduction rather than heavy topping. The tree surgeon then quotes against that scope. A short delay at the start avoided a potentially serious problem later.
Quick check table
| Question | Where to look |
|---|---|
| Is there a TPO? | Council planning team or online map |
| Am I in a conservation area? | Council website or planning records |
| Is it a listed building's grounds? | Listing information from heritage bodies |
| Are there planning conditions? | Your planning documents or the council |
| Is the tree on a boundary? | Title plan and neighbour |
What a clear description includes
- The species, if known, and a photograph.
- Where the tree is, with a simple sketch.
- The work proposed, such as crown lift by two metres.
- The reason, such as light, safety or damage.
- Who will do the work.
Special cases
- Dead or dangerous trees. Different notice rules can apply, and you should still tell the council.
- Rented homes. Landlords or freeholders usually handle applications.
- Neighbour's trees. You cannot assume you can prune them freely.
- Hedges. Often fall under other rules; see when can you trim hedges.
Keep a record
Save emails, decision notices and photographs. If ownership of the property or the tree changes, the information is valuable, and it shows you took care before work began.
Frequently asked questions
Do hedges count as trees?
Generally hedges are not covered by TPOs, though individual trees within them can be. Other rules, such as hedgerow regulations for countryside hedges, may apply.
Can I prune a protected tree if it is on my own property?
Not without consent, except for limited exceptions. Always check with the council first.
Can I cut a neighbour's tree if it overhangs?
You may have the right to trim overhanging branches back to the boundary, but not if the tree is protected, and not in a way that damages it. Speak to your neighbour and the council first.