Tree Preservation Orders: What Homeowners Need to Know

There are over 300,000 Tree Preservation Orders (TPOs) in force across England, protecting individual trees, groups, and woodlands that local authorities consider important for amenity, according to DLUHC data. At HouseCheckup, our £24.99 property reports help buyers understand the planning and environmental context of a property, including relevant local authority designations. Felling or significantly pruning a protected tree without consent is a criminal offence carrying an unlimited fine, so understanding TPOs before you buy is essential.

What Is a Tree Preservation Order?

A Tree Preservation Order (TPO) is made by a local planning authority to protect specific trees or woodlands that contribute to the local environment's amenity. Once a TPO is in place, it is a criminal offence to:

• Cut down the tree
• Top or lop branches
• Uproot the tree
• Wilfully damage the tree
• Wilfully destroy the tree

...without the written consent of the local planning authority. The maximum penalty is an unlimited fine — and fines of £20,000-£100,000 are regularly handed down by magistrates' courts for TPO breaches.

Types of TPO

TPOs can protect trees in several ways:

• Individual trees (T): A specific tree identified by species and location
• Groups of trees (G): A group of trees whose collective value warrants protection
• Areas of trees (A): All trees within a defined area (used for broader protection)
• Woodlands (W): Woodland areas where all trees are protected, including future growth

The type of TPO matters because group and area orders protect the overall character, while individual orders protect specific specimens.

Trees in Conservation Areas

Even without a TPO, trees in conservation areas have significant protection. If you want to cut down or carry out work on any tree in a conservation area with a trunk diameter of 75mm or more (measured at 1.5m above ground), you must give the local authority 6 weeks' written notice. During this period, the council can:

• Allow the work to proceed
• Make a TPO to prevent the work
• Request modifications to the proposed work

How TPOs Affect Property Owners

What You Can Still Do

Even with a TPO, you can carry out certain works without consent:

• Remove dead wood: Removing dead branches is permitted (but the tree itself must not be dead — check with the council first)
• Address imminent danger: If a tree poses an immediate risk to persons or property, you can carry out minimum necessary work. You must give the council written notice within 5 days.
• Comply with statutory obligations: Work required by other legislation (e.g., to maintain sight lines on highways)
• Fruit picking: Picking fruit from a TPO tree is fine — just don't damage branches

What You Need Consent For

Any work that goes beyond removing dead wood or addressing immediate danger requires a formal application to the local authority. This includes:

• Pruning, crown reduction, or crown thinning
• Removing limbs or branches
• Felling (cutting down)
• Any work that could damage the root system (including building works nearby)

Applying for TPO Consent

The process for gaining consent to work on a TPO tree:

1. Submit an application to your local authority — there's no fee
2. Provide justification — Why is the work necessary? (subsidence risk, structural damage, safety, etc.)
3. Include an arboricultural report — For significant works, a report from a qualified arboriculturist strengthens your application
4. Wait for the decision — The council has 8 weeks to decide (13 weeks for applications involving replacement planting)
5. Conditions may apply — Consent often comes with conditions, such as requiring replacement planting

If consent is refused, you can appeal to the Planning Inspectorate within 28 days.

TPOs and Property Development

If you're planning building works near a TPO tree, you must consider the tree's root protection area (RPA). Building within the RPA can damage or kill the tree, which could constitute a criminal offence. Key considerations:

• Root Protection Area: Calculated as a circle with radius 12 times the trunk diameter (measured at 1.5m). For a tree with a 50cm diameter trunk, the RPA extends 6 metres from the trunk.
• Foundation design: Building near TPO trees may require special foundation designs (piled or raft foundations) to avoid root damage
• Planning applications: If your development is near a TPO tree, the planning authority will require an arboricultural impact assessment
• Protective fencing: During construction, protective fencing must be erected around the RPA

TPOs and Subsidence

One of the most common reasons for seeking TPO consent is tree-related subsidence. Trees extract moisture from clay soils, causing shrinkage and ground movement that can damage foundations. If a TPO tree is causing subsidence to your property:

• Your insurer will typically pay for an arboricultural report and subsidence investigation
• The council will generally grant consent for necessary work if there's clear evidence of subsidence
• Work may be limited to crown reduction rather than felling where possible
• Removal may require replacement planting with a less problematic species

How to Check for TPOs

Before buying a property with significant trees:

1. Local authority TPO register: All TPOs are public records. Contact the council's tree officer or check their online planning records.
2. Local search: The standard local authority search (part of conveyancing) should reveal TPOs affecting the property
3. Conservation area check: If the property is in a conservation area, all significant trees are automatically protected
4. Visual inspection: Large, mature trees in good condition are more likely to be subject to TPOs

Neighbour's Trees and TPOs

If a TPO tree belongs to your neighbour but overhangs your property:

• You have the right to cut back branches to the boundary line — but NOT if the tree has a TPO
• With a TPO, you must apply for consent from the council before cutting any overhanging branches
• If the neighbour's TPO tree is causing damage to your property, you can still seek consent for remedial work

The Benefits of Protected Trees

While TPOs impose restrictions, protected trees also add value to properties:

• Mature trees can add 5-15% to property values
• Trees provide privacy, screening, and noise reduction
• Green surroundings are associated with better mental health
• TPO protection ensures neighbouring trees cannot be removed, preserving your outlook

Understand Your Property's Context

A HouseCheckup report for £24.99 (Complete tier) provides comprehensive property data including planning history, conservation area status, local authority designations, and environmental information — helping you understand the full context of any property before you buy. Trees are just one of many factors that affect your enjoyment and use of a property. Whether you're evaluating development potential or simply want to understand what you're buying, starting with the right data saves time, money, and potential legal headaches.