Renters' Rights Act 2025, Phase 1 commencement
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England

Planning & Property

Tree Preservation Orders for Landlords UK

TPO regime under TCPA 1990 and T&CP (Tree Preservation)(England) Regulations 2012: LPA consent for works to protected trees; Conservation Area 6-week prior notification; unlimited fine for unlawful works; replacement obligation (s.206); TPO trees and subsidence insurance; Scotland and Wales regimes.

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026planningtree-preservation-ordertpoconservation-area

How TPOs Are Made

An LPA makes a TPO under TCPA 1990 s.198 to protect trees or woodlands in the interests of amenity. The order takes immediate provisional effect. TPOs can cover individual trees (T order), groups (G order), areas (A order), or woodlands (W order). The CON29 local authority search reveals TPOs at acquisition. Many LPAs also publish tree registers via online GIS portals.

Works Requiring LPA Consent

Any works (cut, fell, lop, top, uproot, wilfully damage or destroy) to a TPO tree require written LPA consent before they are carried out. Application form T1 in England; 8-week determination. Exemptions: dead/dying/dangerous trees (5-day prior notification to LPA unless imminent danger); stem diameter <75mm; works under planning permission where tree shown on approved plans.

  • Replacement obligation: TCPA 1990 s.206 — if TPO tree is removed, landowner must plant a replacement
  • Arboricultural report from ARB-registered arboriculturalist recommended for significant applications

Conservation Area Trees

All trees ≥75mm stem diameter in a Conservation Area require 6-week prior notification to the LPA (TCPA 1990 s.211). During the 6-week period the LPA can make a TPO. If no TPO is made and no objection issued, works may proceed after 6 weeks. Commonly overlooked by landlords who assume unregistered trees are unprotected.

Penalties for Unlawful Works

TPO breach (TCPA 1990 s.210): unlimited fine in Magistrates' Court. Conservation Area breach (s.214): unlimited fine. Courts consider amenity value and financial benefit. Prosecution time limit: 6 months from date offence discovered. Failure to plant a replacement tree is a continuing criminal offence.

TPO Trees and Subsidence

Where a TPO tree is causing clay shrinkage subsidence, LPA consent is required before felling — and may be refused. Insurers accepting a subsidence claim may require root barrier installation or crown reduction rather than felling. An arboricultural and structural engineer's report is essential for any LPA consent application based on structural damage.

Frequently asked questions

Do I need permission to cut a tree in my garden?+

If the tree is protected by a TPO, yes — LPA consent required. If it is in a Conservation Area with a stem diameter ≥75mm, you must give the LPA 6 weeks' prior notification. Trees neither TPO-protected nor in a Conservation Area do not normally require permission.

What is the penalty for cutting a protected tree without consent?+

An unlimited fine in the Magistrates' Court (TCPA 1990 s.210). Courts take into account the amenity value of the tree and any financial benefit from its removal. You also have a duty to plant a replacement tree.

How do I find out if there is a TPO on my property?+

Obtain a CON29 local authority search at acquisition — it reveals TPOs. Many LPAs also publish tree registers online via GIS portals. Contact the LPA's planning department for a register search by address.

Found a gap or disagree with something?

Reply to any LetSafe email or write to Richard@letsafeuk.co.uk. We rewrite guides when we get something wrong, the sooner we hear, the sooner we fix it.

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