Tree Preservation Orders for Landlords UK

How Tree Preservation Orders Are Made

An LPA can make a TPO whenever it considers it expedient in the interests of amenity to make provision for the preservation of trees or woodlands in its area. The order takes immediate provisional effect — the LPA does not need to give prior notice to the tree owner before imposing protection. The LPA then confirms the order within a period during which objections can be made. TPOs can cover individual trees (individual T orders), groups of trees (G orders), areas of trees (A orders), or woodlands (W orders). The full list of TPOs in an LPA area is available through the LPA's GIS tree register — many are searchable online — and is also revealed by the CON29 local authority search which should be obtained at every acquisition.

• Individual tree (T order): the most common form; protects specific named trees by reference to a map
• Group order (G order): protects a group of trees as a whole
• Area order (A order): protects all trees within a defined area
• Woodland order (W order): protects a woodland as a whole — individual trees can be felled if required by good forestry practice
• Immediate provisional effect: TPO takes effect from the day it is made, before confirmation
• CON29 local authority search: reveals TPOs at acquisition — essential due diligence

Works Requiring LPA Consent

Once a tree is protected by a TPO, any works that would cut, fell, lop, top, uproot, wilfully damage, or wilfully destroy the tree require written consent from the LPA before they are carried out. The application must be made using the tree works application form (England: form T1). The LPA has 8 weeks to determine the application. Consent may be granted unconditionally, granted with conditions (for example, specifying replacement planting), or refused. There is a right of appeal to the Planning Inspectorate against a refusal or against conditions. The applicant must provide details of the proposed works, the reasons for them, and details of any proposed replacement planting. An arboricultural report from a qualified arboriculturalist is strongly advisable for significant applications.

• Works triggering consent requirement: cut, fell, lop, top, uproot, wilfully damage, wilfully destroy
• Application: T1 form submitted to LPA; 8-week determination period
• Supporting evidence: arboricultural report from an ARB-registered arboriculturalist strengthens the application
• Exemptions: dead, dying, or dangerous trees (5-day prior notification to LPA unless imminent danger); trees with stem diameter less than 75mm (or 100mm where thinning); tree work under a planning permission where the tree is shown on approved plans
• Replacement obligation: TCPA 1990 s.206 — if a TPO tree is removed, the landowner is under a duty to plant a replacement tree of appropriate size and species

Conservation Area Trees — Separate Notification Regime

All trees in a Conservation Area with a stem diameter of 75mm or more (measured 1.5m from ground level) are protected, whether or not they are also covered by a TPO. The protection mechanism is different — instead of requiring advance consent, the owner must give the LPA 6 weeks' prior written notification before carrying out any works (section 211, TCPA 1990). During this 6-week period the LPA can make a TPO to grant full protection. If no TPO is made and the LPA gives no objection, the works may proceed. If the LPA issues a formal no-objection notice, works may begin sooner. The 6-week notification requirement is commonly overlooked by landlords who assume Conservation Area trees are unprotected if there is no visible TPO.

• All trees ≥75mm stem diameter in a Conservation Area require 6-week prior notification
• LPA can make a TPO during the 6-week period — converting Conservation Area protection to full TPO
• LPA may issue a no-objection notice — works can then proceed before the 6 weeks expire
• No notification required: dead, dying, or dangerous trees; stem diameter <75mm; works with LPA consent under planning permission
• Felling licence: some felling operations require a licence from the Forestry Commission under the Forestry Act 1967 even where there is no TPO — check both regimes

Penalties for Unlawful Works

Carrying out works to a TPO tree without LPA consent, or failing to give the required Conservation Area prior notification, is a criminal offence under sections 210 and 214 of the TCPA 1990 respectively. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the penalty is an unlimited fine in the Magistrates' Court — there is no longer a statutory cap. In determining the level of fine, the court takes into account the amenity value of the tree, the financial benefit to the defendant (for example, site value uplift from tree removal enabling development), and the circumstances of the offence. Prosecutions are time-limited: Magistrates' Court proceedings must normally be brought within 6 months of the offence being discovered. The replacement obligation under s.206 runs separately — failure to plant a replacement tree is a continuing offence.

• TPO breach (s.210 TCPA 1990): unlimited fine — courts consider amenity value and financial benefit
• Conservation Area notification breach (s.214 TCPA 1990): unlimited fine
• Prosecution time limit: 6 months from date offence discovered (Magistrates' Court)
• Replacement obligation (s.206): duty to plant replacement tree of appropriate size and species — failure to do so is a continuing criminal offence
• Civil liability: tree owner remains liable to replace the tree and may face an enforcement notice requiring replanting

TPO Trees and Subsidence — Insurance and Remediation

Tree root damage to buildings is a major cause of subsidence insurance claims, particularly on clay soils in south-east England. Where a protected tree is causing or contributing to subsidence, the landlord cannot simply fell the tree — LPA consent is required and may be refused if the tree has significant amenity value. Insurers who accept a subsidence claim caused by tree root water extraction will normally require an arboricultural solution as a condition of the claim settlement. Options include: root pruning and installation of a root barrier membrane (typically 2m deep, 600mm from the building); crown reduction to reduce the tree's water demand; or application for LPA consent to fell, supported by an arboricultural and structural engineer's report demonstrating the tree is causing structural damage. Where the LPA refuses consent for felling, the insurer's structural engineers must design a non-removal remediation scheme.

• Most problematic species on clay soils: oak (up to 30m³ water/day), poplar, willow, sycamore, plane
• Root barrier: 600mm from building; 2m deep; high-density polypropylene; disrupts capillary water movement
• Crown reduction: reduces tree's water demand; requires LPA consent if tree is TPO-protected
• LPA consent for felling due to subsidence: strong arboricultural and structural engineering evidence required
• If LPA refuses felling consent: remediation must proceed around the tree; insurers may apply pressure on LPA via the appeal process
• Arboricultural report: British Arboricultural Society (BA) or ARB-registered arboriculturalist — essential for both insurance claim and LPA consent application

Scotland and Wales — Separate Regimes

Scotland has a similar but separate TPO regime under the Town and Country Planning (Scotland) Act 1997 sections 160–169, administered by Scottish planning authorities. The procedure and penalties broadly mirror the English regime. Wales has its own regulations — the Town and Country Planning (Tree Preservation) (Wales) Regulations 2017 — which govern tree preservation in Welsh planning authorities. The Welsh regime is functionally very similar to the English one but references Welsh planning legislation and Natural Resources Wales rather than Historic England. Northern Ireland has no directly equivalent TPO regime but protected trees can be covered by planning conditions and area of special scientific interest designations under the Nature Conservation and Amenity Lands (NI) Order 1985.

• Scotland: TCPA (Scotland) Act 1997 ss.160–169; identical structure — TPO made by Scottish planning authority
• Wales: T&CP (Tree Preservation) (Wales) Regulations 2017; similar regime; Natural Resources Wales consulted on significant applications
• NI: no direct TPO equivalent; tree protection via planning conditions and ASSI designation
• In all jurisdictions: check the local planning authority's tree register at due diligence

Frequently asked questions