Can I cut down or prune a tree with a tree preservation order?

In England, you usually need council consent before touching a tree with a Tree Preservation Order — check before you cut.

AB-01The short answerIt depends, but usually yes, you need permission. If a tree has a Tree Preservation Order (TPO), you must get written consent from the council before pruning, lopping or felling it. A few exceptions exist, such as dead wood or genuine danger, but you still normally have to tell the council first.

RULES

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Carrying out work on a TPO tree without consent is a criminal offence under the Town and Country Planning Act 1990.

AB-02This guide covers England firstThis guide is written for England. TPOs are a devolved planning matter, so Wales, Scotland and Northern Ireland have their own systems and separate registers. If you are outside England, skip to the last step for where to check instead.

AB-03Check whether the tree actually has a TPONot every tree is protected. Check your council's TPO map or register, or ask the council's tree or planning team directly, because TPOs can cover a single tree, a group, or a whole woodland. If the tree is in a conservation area but has no TPO, different notification rules apply instead, covered in the step on which rules apply below.

AB-04Exceptions that can change the answerDead trees, and trees that are an immediate danger, can be worked on without consent, but you must normally give the council at least five working days' written notice first (except in a genuine emergency), and keep evidence, such as photos, in case you're challenged later. Hedgerows and most fruit trees grown for crop are often treated differently, and work needed to comply with another legal duty (for example a statutory nuisance order) may also be exempt. Always check the exact wording with the council before assuming an exception applies, as getting it wrong is still an offence.

RULES

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Even exempt works often require advance written notice to the council under the TPO regulations.

AB-05Which rules actually apply hereThis isn't a planning permission or Building Regulations question — it's governed by TPO law and, separately, conservation area tree rules under the Town and Country Planning Act 1990. If the tree is in a conservation area but not covered by a TPO, you must still give the council six weeks' notice before most work, so they can decide whether to protect it. The council's tree officer or planning department handles both processes.

RULES

KNOW THE RULES

Conservation area trees without a TPO legally require prior written notice to the council before work, even though no TPO exists.

AB-06Who to ask and how to applyApply to your local council for consent to work on a TPO tree, usually through their website or the Planning Portal. Be specific about what work you want done and why, since vague applications are often refused or delayed. For conservation area notices, use the same council tree team, not the Planning Portal's standard application route.

AB-07Costs and timescalesMost councils do not charge a fee for a TPO works application, but you should budget for a qualified arborist's time to assess the tree and write up the proposed work, which can run from roughly £100 to £300 or more depending on the tree and job. Councils typically have up to eight weeks to decide, so don't plan work to start sooner than that.

AB-08What happens if you skip itWorking on a TPO tree without consent is a criminal offence and can lead to a substantial fine, which can be unlimited in serious cases, plus a requirement to replant a replacement tree at your own cost. It can also cause problems when selling, since buyers' solicitors often ask about tree work history. An indemnity insurance policy might cover some legal risk on a sale, but it does nothing to undo damage to the tree or stop enforcement action, so it's a last resort, not a fix.

RULES

KNOW THE RULES

Unauthorised work on a protected tree is a criminal offence under the Town and Country Planning Act 1990 and can lead to prosecution.

AB-09If you live in Wales, Scotland or Northern IrelandWales uses a similar TPO system to England but through Welsh planning law, so check with your local Welsh council. In Scotland, TPOs work differently under Scottish planning legislation, and you should check mygov.scot and your local authority before any work. In Northern Ireland, tree preservation is handled through its own planning system, so check with nidirect and your local council before touching a protected tree.

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