If you’re lucky enough to have a lovely mature tree in your garden, you might think you can prune it when you fancy, trim it when it looks wonky, or – if you’re feeling dramatic – remove it altogether.
But hold that thought. Because that tree might have more legal protection than you expect. Enter the Tree Preservation Order, or TPO: the quiet but powerful rule that says, “No chainsaws without permission, thank you.” Let’s break it down in a friendly, jargon-free way so you know exactly what a TPO is and how it could affect a property.
So, what is a Tree Preservation Order?
A Tree Preservation Order is a legal designation made by the local planning authority. It protects specific trees, groups of trees, or even whole woodlands from being cut down, pruned, uprooted, or otherwise interfered with, unless you have written consent. It doesn’t matter who owns the tree. Once a TPO is in place, the rules apply to everyone.
Why are trees protected in the first place?
TPOs are used to safeguard trees that bring significant ‘amenity value’ to an area. That might sound a bit peculiar, but it simply means the tree contributes something meaningful: beauty, shape, shade, biodiversity, historical interest, or just being a well‑loved feature of the neighbourhood.
Some protected trees are centuries old. Others are simply very visible, very healthy, or very beloved by locals. Either way, the council takes their protection seriously.
How do you know if a tree has a TPO?
Good question – and one many buyers ask after an issue has cropped up.
You can check by:
- contacting the local planning authority
- viewing their online TPO map (common these days)
- reviewing the Local Land Charges search during conveyancing
If the tree is in a conservation area, slightly different rules apply – but broadly speaking, any work still requires notice.
What you can and can’t do
If a tree is protected:
- You can’t remove it
- You can’t prune or lop it
- You can’t dig or build in a way that harms its roots
- You can’t damage it “by accident”
For anything more than removing genuinely dead wood or making an emergency safety intervention, you must apply to the council for consent. Applications are free, but they can drag on – in some cases up to eight weeks.
What happens if you get it wrong?
This is where TPOs flex their muscles.
Carrying out work on a protected tree without consent is a criminal offence. Fines can reach into the tens of thousands – and in serious cases, even higher. Courts can also order you to plant a replacement tree, potentially in the exact same spot. If you’ve just removed the tree because it was inconvenient… well, that’s awkward.
Homeowners have also been prosecuted for lopping branches simply to improve a view or gain a bit of sunlight.
Why TPOs matter in conveyancing
For buyers, a protected tree can have implications:
- It may limit future extensions or hard landscaping
- It may require ongoing specialist maintenance
- It may add cost and complexity to garden projects
- It can affect development potential (hello, frustrated would‑be extension‑builders)
For conveyancers, spotting a TPO early helps manage expectations and avoid nasty surprises when clients want to chop, trim or relocate their garden centrepiece – and while TPOs should appear in the Local Authority Search, OneSearch’s enhanced checks help ensure nothing slips through the cracks.
TPOs aren’t there to make life difficult – they’re there to protect the green features that give neighbourhoods their character. As long as homeowners and buyers understand the rules, they can enjoy their trees and stay on the right side of the law.
