Understanding UK Tree Laws
Your Rights and Responsibilities in Your Garden
Trees are a cherished part of our gardens, offering beauty, shade, and a habitat for wildlife. However, when it comes to cutting or managing trees on your property, it's essential to be aware of the legal considerations to avoid potential disputes or penalties.
Detailed below are some pointers on how to look after trees that you manage.
The tree owner or manager has a ‘common law’ duty of care to:
‘take reasonable care to avoid acts or omissions which they can reasonably foresee would be likely to injure their neighbour’
The tree owner also has a duty under the Occupiers Liability Acts to take reasonable steps to ensure visitors or trespassers on their land are safe. In practice this means that if a tree fails and causes damage to a person or property then the tree owner may be liable.
The chances of making a claim, however, would usually depend on whether the owner had been negligent; for example, if the tree was obviously unsafe through damage or disease, and they failed to act to prevent the incident occurring.
Therefore if you own trees it is sensible to have them regularly inspected by a competent arboriculturist.
Can You Cut Down a Tree in Your Garden?
If you own your home, you generally have the right to cut down a tree within your garden. However, there are important exceptions:
Tree Preservation Orders (TPOs): Some trees are protected due to their environmental or aesthetic value. Cutting down or even pruning a tree with a TPO without permission from your local council is illegal and can result in significant fines.
Conservation Areas: If your property is within a conservation area, you'll need to notify your local authority before carrying out any work on trees, regardless of whether they have a TPO.
Wildlife Considerations: It's illegal to disturb or destroy active bird nests. Therefore, avoid tree work during the nesting season, typically between March and August.
Dealing with Overhanging Branches and Roots
Branches or roots from a neighbor's tree encroaching onto your property can be a common issue. Here's what you need to know:
Trimming Overhanging Branches: You are allowed to trim branches that extend over your property boundary. However, you must not trespass onto your neighbour's land to do so, and you should offer the cut branches back to them, as they remain their property.
Cutting Roots: Similar rules apply to roots that encroach onto your land. You can cut them back to your boundary, but it's advisable to consult a professional, as improper cutting can harm the tree and potentially make you liable for damages.
Responsibilities and Liabilities
Damage Caused by Your Tree: If a tree on your property causes damage to a neighbor's property, you could be held liable. Regular maintenance and inspections can help prevent such issues.
Disposing of Cuttings: After trimming, you should offer the cut branches or roots back to the tree's owner. If they decline, it's your responsibility to dispose of them properly.
Other Legal Considerations for Tree Work
While you can usually work on trees in your own garden, there are a few other legal points to be aware of:
Felling Licences: Not required for trees in residential gardens, but you may need one from the Forestry Commission for felling trees outside gardens, even if there’s no TPO.
Restrictive Covenants: Legal clauses in property deeds may restrict what tree work can be done, even if no formal tree protections apply. It’s best to check with a solicitor if unsure.
Planning Conditions: Trees can be protected through planning permission. If your property is subject to these conditions, you’ll need to consult your local planning authority before carrying out any work.
Tree Officers: Local council Tree Officers help ensure developments respect tree protections and guide good tree management across communities.
For more in-depth guidance, visit the Arboricultural Association’s website.
Seeking Professional Advice
Tree laws can be complex, and the implications of cutting or trimming can be significant. It's always wise to consult with a qualified arborist or your local council before undertaking any tree work.
We can provide guidance specific to your situation and ensure that you're in compliance with all relevant regulations.
While you have certain rights regarding trees on your property, there are also responsibilities and legal considerations to keep in mind.
By understanding these and seeking appropriate advice when necessary, you can manage your garden's trees effectively and lawfully.
