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Storm-Damaged or Fallen Tree: Who Is Responsible?

The owner of a tree is generally responsible for keeping it safe, but if a healthy tree is brought down by an exceptional storm, the owner is usually not to blame. In practice, most people claim on their own insurance. This guide covers what to do first, who is responsible in each situation, what insurance usually covers, and what evidence to keep.

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If anyone is in danger, call 999 first. For a fallen or dangerous tree in Croydon, call us on 07881 305352. See our emergency tree work page.

What to Do Right Now

  1. If anyone is in danger or hurt, call 999.
  2. Keep well away from the tree and anything it touches. Fallen trees can be tangled in power lines or unstable.
  3. If power lines are down or touching the tree, treat them as live. Call 105 (free) to report damaged lines, and 999 as well if there is significant risk to the public.
  4. If you smell gas, leave the building and call the National Gas Emergency Number, 0800 111 999.
  5. Keep people and pets away, including from walls, fences and conservatories a storm may have weakened.
  6. Take photos from a safe distance, with the date and time, before anything is moved.
  7. Don't try to cut or move a large tree yourself. Fallen trees can be under tension and can roll or spring without warning.
  8. Contact your insurer, before arranging major repairs unless urgent work is needed to prevent further damage.
  9. Call a qualified, insured tree surgeon to make it safe.

Who Is Responsible? The Short Version

Whose tree is it?Who is generally responsibleWhat to do
Your own gardenYou, as the ownerMake it safe, tell your insurer, and keep records
Your neighbour's tree falls into your gardenThe neighbour owns the tree, but liability depends on whether they were at faultTake photos, tell your neighbour and your insurer. Your own policy usually covers damage to your property
A council street tree, park or housing estate treeCroydon Council, as the ownerReport it to the council with photos and the exact location
A tree on a red route or TfL roadTransport for LondonReport to TfL
A tree on railway landNetwork RailNever go near the line. Contact Network Rail on 03457 11 41 41
A tree beside the tram lineThe tram operator or landownerKeep clear and report it to Transport for London
A tree on a rented propertyThe landlord, as the ownerReport it in writing to the landlord or agent
A tree on a communal or shared areaThe freeholder or managing agentReport it to them in writing

The Legal Position in Plain English

The law here is mostly negligence and nuisance, not a special rule for trees.

PrincipleWhat it means
Owners must take reasonable careTree owners have a duty to take reasonable care that their trees don't injure people or damage property. This comes from the Occupiers' Liability Acts 1957 and 1984 and the common law of negligence
What's "reasonable" depends on the factsA sensible, proportionate approach is expected: more care for large trees near roads, paths and buildings
Known problems matterIf an owner knew, or should have known, that a tree was dead, diseased, decaying or leaning, and did nothing, they're more likely to be liable
Healthy tree, exceptional stormIf a healthy tree is brought down by exceptional weather, the owner is generally less likely to be liable
Warnings countIf you wrote to a neighbour warning them about a tree and they ignored it, that letter can be important evidence later

It's not automatic that "my neighbour's tree, my neighbour pays". In many cases, each household claims on its own insurance, and that's usually the quickest route. Each case depends on the facts, and this is not legal advice.

Does Home Insurance Cover a Fallen Tree?

Many home insurance policies cover damage caused by a fallen tree rather than the cost of removing the tree itself. Check your policy, keep photos and invoices, and tell your insurer.

What was damagedTypically covered by
Your house, roof, conservatory or garageBuildings insurance, which usually covers storm damage, subject to an excess
Contents inside the houseContents insurance
Your carComprehensive motor insurance. Third-party-only policies don't cover damage to your own car
Fences, gates, sheds and greenhousesOften covered only for specific causes such as storm, and some policies exclude them. Check yours
Clearing the tree itselfMany policies cover damage caused by the tree, and some cover clearing it where it has fallen on the building or blocked access, but not routine tree removal
Trees and plants in your gardenOften not covered, or covered only for limited amounts

Tips for a smooth claim: report it quickly and keep claim reference numbers; check how your policy defines "storm"; don't dispose of evidence; get a written quote or invoice for the tree work; and keep receipts for any urgent steps to prevent further damage.

Evidence to Keep

EvidenceWhy it helps
Photos and video of the tree, the damage and the surrounding areaShows what happened and when
Date, time and weather conditionsSupports a storm claim
Photos of the tree before the storm (Street View, family photos)Shows its condition and whether it was leaning or diseased
Names and contact details of witnesses or neighboursSupports your account
Copies of any letters or messages about the tree before the stormShows what the owner knew
Quotes, invoices and receiptsSupports the claim and shows costs
A written report from a qualified arboriculturist or tree surgeonGives an independent view of the tree's condition

We can provide a written assessment and photographs of the tree's condition when we attend, which many insurers and owners find useful. See tree surveys.

Common Situations

A Tree Has Fallen on My House, Roof or Conservatory

Get everyone out of any damaged part of the building, and call 999 if anyone is in danger. Keep clear of power lines, take photos, tell your insurer and call us to remove the tree safely using sectional dismantling and rigging. See trees near buildings.

A Tree Has Fallen on My Car, Fence, Shed or Greenhouse

Keep away from the car if the tree is touching power lines. Take photos, tell your insurer and call us to lift the tree off safely. A fence or shed can often be made safe the same day or soon after, unless it's unstable, near power lines or blocking access.

My Neighbour's Tree Has Fallen Into My Garden

  1. Take photos before anything is moved.
  2. Tell your neighbour as soon as you can, calmly and in writing.
  3. Tell your insurer.
  4. Agree who arranges the removal. The tree and the timber belong to your neighbour, so they should normally arrange clearance. We can quote for both sides.
  5. Don't assume they're liable. If it was a healthy tree and an exceptional storm, they may not be. If it was an obviously dead or diseased tree they had been told about, they might be.
  6. Keep records of everything you say and send.

A Council or Street Tree Has Fallen on My Property

Report it to Croydon Council with photos and the exact location, and tell your insurer. A claim against the council generally needs evidence that the council knew, or should have known, about a defect and failed to act. Don't cut or remove the council's tree yourself.

A Tree Has Fallen Across a Road, on the Railway or on the Tram Line

If anyone is in danger, call 999. Otherwise, report a road tree to Croydon Council (red routes are TfL's). Never go on or near a railway or tram track, and keep well clear of overhead lines. Contact Network Rail for railway land.

A Tree Has Brought Down Power Lines

Stay well clear, call 105, and call 999 as well if there's a significant risk to the public.

A Tree Is Leaning, Split or Hanging but Hasn't Fallen

Keep clear, and get it checked quickly. A new lean, soil heaving at the base, exposed roots or split limbs can mean it's about to fail. See emergency tree work.

Is It a Protected Tree?

A fallen or storm-damaged tree can still be protected by a tree preservation order (TPO) or sit in a conservation area. 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, asking for five days' notice. Keep photographs and a report, because the council can ask what condition the tree was in. See our TPO guide and Do I need permission to fell a tree?

Storm Damage in Croydon

Part of CroydonWhat we commonly see
Hillsides in the south (Purley, Kenley, Coulsdon, Sanderstead, Selsdon)Exposed gardens, large mature trees and brittle ash, so big limbs and whole trees can come down
The wooded east (Shirley)Large oaks and heavy tree cover
Upper Norwood and Crystal PalaceLarge old trees on a ridge, steep gardens, and several boroughs, so check whose tree it is
Terraces (Addiscombe, Thornton Heath, Norbury)Trees falling across fences into neighbouring gardens, onto outbuildings and parked cars
Railway embankments, tram routes and main roadsNetwork Rail, the tram operator and TfL are responsible, so report rather than act

Waterlogged ground loosens roots, so trees can lean or fall days after a storm, not just during it. Look for soil heaving at the base, a new lean, exposed roots, split trunks, torn bark and broken branches hanging in the crown.

Beware of Rogue Traders After a Storm

After a storm, cold callers often knock offering to clear a tree quickly for cash. Be careful:

Warning signWhat to do instead
Door-to-door offers to cut the tree "today"Say no. Get a written quote from a firm you've checked
A very low price, or pressure to decide nowCheck what's included. Be cautious of anyone insisting on cash upfront
No proof of insurance or qualificationsAsk to see public liability insurance and NPTC/LANTRA certificates
No questions about TPOs or conservation areasA good tree surgeon asks before quoting
"Topping" the treeWalk away

See how to choose a tree surgeon.

Storm-Damaged Tree FAQs

Who is responsible for a fallen tree?

The owner of the tree is generally responsible for keeping it safe, but if a healthy tree is brought down by an exceptional storm, the owner is usually not to blame. Each case depends on the facts.

Who pays when a tree falls on my property?

Most people claim on their own insurance. Whether the tree owner is liable depends on whether they knew, or should have known, of a problem and failed to act.

Does home insurance cover a fallen tree?

Buildings insurance usually covers damage caused by a tree in a storm, subject to your excess. Whether it covers clearing the tree itself varies by policy, and routine tree removal isn't usually covered.

A tree fell on my car. Who do I claim from?

Usually your own comprehensive motor insurance. Third-party-only policies don't cover damage to your own car.

My neighbour's tree fell into my garden. Are they liable?

Not automatically. If it was a healthy tree and an exceptional storm, they may not be. If it was visibly dead or diseased and they'd been warned, they might be. Take photos, tell your insurer and tell your neighbour.

A council tree has fallen on my property. What should I do?

Report it to Croydon Council with photos and the exact location, tell your insurer, and don't remove the tree yourself.

A tree has brought down power lines. What do I do?

Stay well clear, call 105, and call 999 as well if there's a significant risk to the public.

Can I cut up a fallen tree myself?

We advise against it. Fallen trees can be under tension and can roll or spring without warning, and chainsaw work is dangerous.

Can I remove a storm-damaged protected tree?

Only the urgent works necessary to remove an immediate risk of serious harm, and tell the council. Keep photographs and ideally a report.

How quickly should I call my insurer?

As soon as possible. Report the claim, keep the reference number, and ask before arranging major repairs unless urgent work is needed to prevent further damage.

My tree is leaning after the storm. Is it dangerous?

It might be. A new lean, soil heaving or exposed roots can mean the roots are failing. Keep clear and get it checked quickly.

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Sources and when we checked them
  • Occupiers' Liability Act 1957 and 1984 (legislation.gov.uk)
  • National Tree Safety Group, Common sense risk management of trees
  • UK Power Networks, advice on fallen trees and power lines (105 service)
  • National Gas Emergency Service, 0800 111 999
  • Croydon Council, Tree preservation orders
  • Association of British Insurers or GOV.UK, guidance on storm damage claims

This is general information, not legal or insurance advice.

Last reviewed October 2026. Rules and figures come from Croydon Council pages checked on 1 October 2026; always confirm with the council for your own tree.

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