Can I cut down a tree on my own land?
The presence of Tree Preservation Orders (TPOs) has led to some confusion about whether or not homeowners are entitled or not to cut down any tree on their property.
The reality is you are permitted to prune or cut down any tree on your land, regardless of whether it is healthy or not, if it is not subject to a Tree Preservation Order or located with a conservation area.
TPOs are used by local authorities to protect those trees which are regarded as beneficial to the local environment and in these circumstances permission must always be sought to carry out any pruning or removal work. Contrary to popular belief, there is not a blanket protection of all Oak trees. Orders are made depending on the location of the tree and its immediate surroundings and can relate to any species of tree. http://www.planningni.gov.uk/8pp_tree_preservation_order_lores.pdf
TPOs can apply to trees which are on private as well as public land so it’s important to check with your local council before going to ahead with any work. The penalties of ignoring an order are severe with fines of up to £20,000.
If you choose to employ a professional tree surgeon for the task, they will liaise with the council on your behalf to check whether a tree is subject to a TPO before commencing removal works. If the tree turns out to be under a TPO, you can still apply to the council for permission to prune or remove it which may or may not be granted.
There are a number of reasons why you may wish to cut down a tree on your property including the risks it poses to your property or other people or because of the damage it is causing to the foundations. Disputes can also arise between neighbours which may cause you to consider removal, especially in cases where claims of subsidence are made.
An insurer protecting the interests of a neighbouring property can write to you to request removal of a tree suspected of causing such damage but you are under no obligation to comply. As the tree owner, you are entirely justified in seeking evidence through surveys and structural reports that your tree is causing damage before committing to removing it. However, if you ignore the warning, and the tree subsequently causes damage to the building which is proven, then you or your insurer could be liable for the repair bill.
If your property is affected by a tree owned by the local council, then you can write and request pruning or removal however most local authorities will only fell trees where it poses a danger to buildings and people. Removal will not be considered in situations whereby aphid infestation is causing sticky patches on your car or roosting birds are causing a mess on your windows.
Councils welcome feedback relating to the condition of their trees and many offer an online service to report this.
