Can I Cut Down a Tree in My Garden Without Permission? 🌳
It’s one of the most common questions homeowners ask and one of the easiest to get wrong. Cutting down a tree without the correct permission can lead to fines, enforcement action and an order to replant.
The answer is sometimes yes, sometimes no. It depends on the tree, its location and its condition.
Below is a clear guide to help you understand when permission is required and when it is not.
When You CAN Cut Down a Tree Without Permission
1. The Tree Is Not Protected
If the tree is not covered by a Tree Preservation Order and your property is not in a conservation area, you can usually remove it without council permission.
Example:
You have a small ornamental tree in your back garden, outside a conservation area, with no TPO. You can legally remove it.
2. The Tree Is Dead
Dead trees can normally be removed without consent, even if protected, as long as the work is strictly necessary.
Important:
You must be able to prove the tree was dead. Photos and an arborist report are strongly recommended.
Example:
A tree has no leaves, brittle branches and clear signs of decay. You document its condition before removal.
3. The Tree Is Dangerous
If a tree presents an immediate risk to people or property, you can carry out emergency work without waiting for approval.
Important:
Only the minimum work needed to make the tree safe is allowed. Evidence must be kept.
Example:
Storm damage causes a tree to split and lean over a public footpath. Emergency removal is permitted.
4. Small Trees Below Size Limits in Conservation Areas
In conservation areas, trees with a stem diameter under 75mm measured at 1.5 metres above ground usually do not require notice.
Example:
A young self-seeded tree is removed before it matures.
Chainsaw rested on top of a thick, freshly-cut stump.
When You CANNOT Cut Down a Tree Without Permission
1. The Tree Has a Tree Preservation Order
Trees protected by a TPO cannot be removed, lopped or topped without written council consent.
Example:
A mature oak in your garden has a TPO. Removing it without permission could result in a fine of up to £20,000 per tree.
2. The Tree Is in a Conservation Area
Most trees in conservation areas require six weeks written notice before any work is carried out.
Example:
You want to remove a large sycamore in a conservation area. Permission is required even if the tree is on private land.
3. The Tree Is Linked to a Planning Condition
Some trees are protected as part of planning approvals, even without a TPO.
Example:
Trees retained during a housing development cannot be removed without approval.
4. The Tree Is Shared or Near a Boundary
Trees growing on or near boundaries can involve legal responsibility to neighbours.
Example:
Removing a boundary tree without agreement could lead to a civil dispute.
Our apprentice using a chainsaw to cut up the log.
What Happens If You Get It Wrong?
Cutting down a protected tree without permission can result in:
Significant fines
A legal requirement to replant
Enforcement action by the council
Issues when selling your property
How to Check Before You Cut
Before any tree removal, you should:
Check for Tree Preservation Orders with your local council
Confirm whether your property is in a conservation area
Get professional advice if the tree is large, mature or close to buildings
At Beechwood Trees and Landscapes, we regularly check permissions, carry out tree inspections and handle applications on behalf of homeowners.
In Summary
You can cut down a tree in your garden without permission only if it is not protected, not in a conservation area and not subject to planning conditions. When in doubt, always check first.
If you are unsure, professional advice can save time, money and stress.
It is always best to contact a competent, capable and fully insured professional to assess your tree and give an honest, expert opinion on whether it can be safely and legally removed.
If you would like help assessing a tree or checking permissions, our team is happy to help.
