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60-second checkWhat can stop youCommon situationsOther things to knowIf you cut it by mistakeChecklistWhich council?
The 60-Second Check
Answer these in order. Stop at the first "Yes".
| # | Question | If yes |
|---|
| 1 | Is the tree yours? The trunk stands on your land, and you own or manage the property | If No, you can't fell it. See "Common situations" below |
| 2 | Does the tree have a TPO? | Cutting down a protected tree without permission can bring a fine of up to £20,000, according to Croydon Council. See our TPO guide |
| 3 | Is it in a conservation area? | You must give six weeks' written notice first. See our conservation area guide |
| 4 | Is it dead, dying or dangerous? | Different rules apply, and only urgent necessary works can be done on a dangerous protected tree without consent |
| 5 | Are birds nesting or bats roosting? | Active nests and bats are protected. See our nesting season guide |
| 6 | Is there a planning condition on the tree? Common on newer estates and after development | You may need the council's agreement. Check your planning papers |
| 7 | Do your lease, covenants or tenancy restrict it? | You may need your freeholder's, landlord's or the estate's agreement |
| 8 | Is it near overhead cables, a railway or the highway? | Special rules and contacts apply. Don't work near them yourself |
| 9 | None of the above? | You can generally go ahead, but it's still worth a quick check with us first |
Also check you own the tree. A tree belongs to the owner of the land where its trunk grows, and a boundary tree may be jointly owned. If you plan to fell more than a few trees, check whether a Forestry Commission felling licence is needed.
Not sure about questions 2 and 3? That's the most common problem, because tree protection is rarely marked on the ground. Send us your address and a photo, and we check the council's records for you as part of a quote.
The Things That Can Stop You Cutting a Tree
| What | When it applies | What you need |
|---|
| Tree preservation order (TPO) | The council has protected the tree, or an area or woodland that includes it | Written consent from the council |
| Conservation area | You're in one | Six weeks' written notice |
| Planning condition | Trees were kept or planted as part of a planning permission | Check the conditions, and ask the council |
| Lease, covenant or tenancy | You're a leaseholder or tenant, or the estate has covenants | The freeholder's, landlord's or estate's consent |
| Wildlife law | Nesting birds, bats or other protected species | Don't harm them. Wait or take specialist advice |
| Not your tree | The trunk is on someone else's land, or the council's | The owner's permission, or the council |
Common Situations
| Your situation | What applies |
|---|
| A tree in my own back garden | Check for a TPO and conservation area. If neither, and no conditions or covenants, you can generally fell it |
| The council tree outside my house | Not yours. Report problems to the council. Cutting it can lead to prosecution or a claim |
| My neighbour's tree overhanging my garden | You can cut branches back to the boundary, but not beyond it, and offer the cuttings back. You can't fell it, and it may be protected |
| A tree on the boundary line | May be jointly owned. Agree work in writing |
| A tree in a rented home | The landlord owns it. You need their permission, and TPO and conservation area rules still apply |
| A flat in a converted house with a shared garden | The freeholder or managing agent decides |
| A tree in a new-build estate garden | Check planning conditions and covenants, because trees are often protected by conditions |
| A tree in a hedge | The hedge may not be protected, but the tree could be. See hedge cutting |
| A dead tree | Often no consent, but tell the council and keep evidence. A dying tree isn't dead |
| A dangerous tree | Only the urgent works necessary, and tell the council. Keep evidence |
| A tree damaging my drains or house | Take advice from your insurer and engineer first, and don't remove it before. If it's protected, apply for consent. See trees near buildings |
| A tree that blocks my light or view | There's no general right to light from a tree. If it's protected, you need consent to cut it |
The Other Things Worth Knowing
Do I Need a Felling Licence?
Generally not for a tree in a garden. A felling licence from the Forestry Commission is about woodland and larger-scale felling, and trees in gardens are normally exempt. A TPO or conservation area still applies, because a felling licence exemption doesn't override them.
Planning Conditions
If your house was built, extended or developed recently, the planning permission may include conditions about trees, such as keeping them, protecting them during building, or planting replacements. Breaching a planning condition can lead to enforcement. Check your planning papers, or ask the council.
Leases, Covenants and Tenancies
Even where the council's rules don't apply, your lease, title deeds or tenancy agreement may stop you. Some historic estates have restrictive covenants that control trees and hedges. For example, Croydon Council notes that restrictive covenants set up by William Webb may apply to individual plots in the Webb Estate in Purley. If you don't own the freehold, ask the freeholder or managing agent first.
Utilities, Railways and Roads
Never work near overhead cables yourself. In London the network operator is usually UK Power Networks. If a tree is on railway land, it's Network Rail's responsibility. If it's on the highway, it's the council's. If a tree has brought down a power line, stay well clear and call 105.
Dead or Dangerous Trees
These have exemptions, but they're narrower than most people think. Croydon Council says a dead tree needs no formal permission, a dying tree does, and for a dangerous tree only the urgent works necessary can be done without consent, with five days' notice asked for. Keep photographs, and ideally a report from a qualified arboriculturist. See emergency tree work.
What Happens If You Cut a Tree You Shouldn't Have?
Croydon Council says fines of up to £20,000 can follow for cutting down a protected tree without permission, and up to £2,500 for pruning one. More serious cases can go to the Crown Court, and you may have to plant a replacement. The person who carries out the work can be prosecuted as well as the owner. If you think you may have cut a protected tree by mistake, take advice from the council or a solicitor rather than ignoring it.
Before You Cut: A Checklist
- The tree is on my land, and I have the right to remove it
- I've checked with Croydon Council, or asked us, whether it has a TPO or is in a conservation area
- If it's in a conservation area, I've measured the trunk (about 236mm round at 1.5m is the 75mm threshold)
- I've checked planning conditions, my lease, covenants or tenancy
- I've checked for nests and bats
- There are no overhead cables, railway or highway issues
- I've taken photographs from several angles
- If I think the tree is dead or dangerous, I have evidence and have told the council
- Any neighbour who's affected has been told
- My tree surgeon is insured, qualified and has asked about protection
Which Council Do I Ask?
Tree protection is decided by the council for your exact address. Most of our areas fall under Croydon Council, but near borough boundaries, such as Norbury and Upper Norwood and Crystal Palace, it depends on the address. Send us your full address and we'll confirm.
