What is the law on cutting trees down in your garden?
But overgrown trees can become an obstruction and pose a safety risk.
This is why it is important to understand the law and what responsibilities come with owning a tree.
Tree owners have a legal duty to ensure that trees growing on their property are reasonably safe and do not pose a foreseeable risk to others.
Arboriculturists from Arbtech have shared their advice and guidance so that people are aware of their responsibilities and the laws around garden trees.
Experts say that in almost all cases, the safety of a tree is the responsibility of the owner of the land on which the tree grows.
But there can be exceptions to this. If a tree lies on boundary lines, then it is jointly owned by each neighbour, and there can be cases where a rental agreement requires the tenant of a property to manage trees.
With tree owners having a legal duty to ensure the safety of their neighbours, it is important that trees are not left to be unsafe through damage or disease, as this may leave them liable if it causes any damage to a property or person.
It is recommended that tree owners have regular tree surveys completed by qualified arboriculturists to ensure the ongoing safety of any trees on the property.
However, it is imperative that checks are made to find out whether a tree has any legal restrictions applied to it prior to undertaking any work on it.
There are a number of ways that trees can be protected in the UK, including Tree Preservation Orders (TPOs), Conservation Areas, and the Felling Licence System.
You should be able to check a tree's status with your local council.
Depending on the protection that a tree has, a person could find themselves liable to prosecution should any work be undertaken on a tree without permission.
Andrew Ward from Arbtech, said: 'It's really important that tree owners are well aware of the law and their responsibilities when it comes to the duty of care for trees.
'Not only for their own but for their neighbours' safety as well.
'Making sure that any trees on your property are healthy and free from disease should be a big priority.
'Having a tree survey done can give you peace of mind and ensure that you are following the duty of care for your neighbours.
'If you are looking to remove a tree or any of its branches, you do also need to take into consideration whether the tree has a protected status or not as well.
'Before undertaking any work like this, always check with your local council to see what the tree's status is, as you could find yourself liable to prosecution if you carry out any work without permission.'
Calvin Woolman, regional manager at Gristwood & Toms, part of the Nurture Group, also explained how you are allowed to cut down a tree as long as it is not protected by a TPO or stands in a conservation area.
'However, if the tree is protected in either of these ways, carrying out work without the necessary permission is a criminal offence,' Mr Woolman added.
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'This can result in fines of up to £20,000 per tree in a magistrates' court, as well as a duty to replant.
'Additional legal constraints may also apply. These include planning permission conditions, restrictive covenants, and wildlife protection laws, such as those safeguarding nesting birds and bats.
'You must also consider neighbours' property rights, which can affect your ability to carry out tree work near boundaries.'
Anyone who is unsure is advised to consult their local council's tree officer or hire a qualified arboriculturist.
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What is the law on cutting trees down in your garden?
But overgrown trees can become an obstruction and pose a safety risk. This is why it is important to understand the law and what responsibilities come with owning a tree. Tree owners have a legal duty to ensure that trees growing on their property are reasonably safe and do not pose a foreseeable risk to others. Arboriculturists from Arbtech have shared their advice and guidance so that people are aware of their responsibilities and the laws around garden trees. Is a tree on my property my responsibility? Experts say that in almost all cases, the safety of a tree is the responsibility of the owner of the land on which the tree grows. But there can be exceptions to this. If a tree lies on boundary lines, then it is jointly owned by each neighbour, and there can be cases where a rental agreement requires the tenant of a property to manage trees. With tree owners having a legal duty to ensure the safety of their neighbours, it is important that trees are not left to be unsafe through damage or disease, as this may leave them liable if it causes any damage to a property or person. It is recommended that tree owners have regular tree surveys completed by qualified arboriculturists to ensure the ongoing safety of any trees on the property. However, it is imperative that checks are made to find out whether a tree has any legal restrictions applied to it prior to undertaking any work on it. What are the laws on cutting trees? There are a number of ways that trees can be protected in the UK, including Tree Preservation Orders (TPOs), Conservation Areas, and the Felling Licence System. You should be able to check a tree's status with your local council. Depending on the protection that a tree has, a person could find themselves liable to prosecution should any work be undertaken on a tree without permission. Andrew Ward from Arbtech, said: 'It's really important that tree owners are well aware of the law and their responsibilities when it comes to the duty of care for trees. 'Not only for their own but for their neighbours' safety as well. 'Making sure that any trees on your property are healthy and free from disease should be a big priority. 'Having a tree survey done can give you peace of mind and ensure that you are following the duty of care for your neighbours. 'If you are looking to remove a tree or any of its branches, you do also need to take into consideration whether the tree has a protected status or not as well. 'Before undertaking any work like this, always check with your local council to see what the tree's status is, as you could find yourself liable to prosecution if you carry out any work without permission.' Calvin Woolman, regional manager at Gristwood & Toms, part of the Nurture Group, also explained how you are allowed to cut down a tree as long as it is not protected by a TPO or stands in a conservation area. 'However, if the tree is protected in either of these ways, carrying out work without the necessary permission is a criminal offence,' Mr Woolman added. Recommended reading: 'This can result in fines of up to £20,000 per tree in a magistrates' court, as well as a duty to replant. 'Additional legal constraints may also apply. These include planning permission conditions, restrictive covenants, and wildlife protection laws, such as those safeguarding nesting birds and bats. 'You must also consider neighbours' property rights, which can affect your ability to carry out tree work near boundaries.' Anyone who is unsure is advised to consult their local council's tree officer or hire a qualified arboriculturist.
