Do I need permission to cut down a tree in my garden?

Usually not. In England you can cut down or prune a tree in your own garden without asking anyone, unless the tree is protected by a Tree Preservation Order (TPO), stands in a conservation area, is covered by a planning condition, or is home to nesting birds or bats. Your deeds or lease can add private restrictions too. Check all of these before any work starts, because the penalty for getting it wrong falls on whoever caused or permitted the work, and that includes you as the owner.

This guide is general information, not legal advice.

Tree Preservation Orders

A TPO is an order made by the council to protect a specific tree, a group of trees or a woodland. Under section 198 of the Town and Country Planning Act 1990 and the Tree Preservation (England) Regulations 2012, you must not cut down, top, lop, uproot, wilfully damage or wilfully destroy a protected tree without the council's written consent. That covers pruning as well as felling, and it applies whoever owns the tree.

To get consent you apply to the council, usually through the Planning Portal. There is no fee. The council has eight weeks to decide; if it does not, you can appeal (GOV.UK guidance, paragraph 101).

To find out whether a tree has a TPO, see how to check if a tree has a TPO, which covers Birmingham, Solihull, Walsall and Lichfield step by step.

Conservation areas

Every tree in a conservation area has some protection, even without a TPO. Under section 211 of the 1990 Act you must give the council six weeks' written notice before cutting down, topping or lopping it. The council then either lets the work go ahead or makes a TPO to stop it.

Small trees are exempt: those with a trunk diameter of 75mm or less, measured over the bark 1.5 metres above the ground, or 100mm or less if you are thinning them to help other trees grow (regulation 15 of the 2012 Regulations). The full process is in trees in conservation areas: the six-week notice.

Planning conditions

If your house was built or extended in recent years, the planning permission may include a condition protecting existing trees or requiring new ones to be planted and kept. Councils have a duty to use conditions for this (GOV.UK guidance, paragraph 005). Breaching a condition can lead to enforcement action, so check your address's planning history.

Felling licences

The Forestry Commission licenses felling of larger volumes of timber. Under section 9 of the Forestry Act 1967 you can fell up to 5 cubic metres of growing trees per calendar quarter without a licence, provided no more than 2 cubic metres are sold. More important for homeowners, the Act exempts trees in a garden, orchard, churchyard or public open space altogether (GOV.UK: when you need a felling licence). So a felling licence is rarely an issue for an ordinary back garden.

Dead and dangerous trees

The 2012 Regulations allow some work on protected trees without consent, but not without notice (regulation 14):

• A dead tree. You must give the council at least five working days' written notice before starting.
• Work urgently needed to remove an immediate risk of serious harm. You must give written notice as soon as practicable after the work becomes necessary.
• Removing dead branches from a living tree. No consent is needed.

These exceptions are narrow. "Dangerous" means an immediate risk of serious harm, not a tree you are worried about. Only do the minimum needed to make it safe. Birmingham City Council says it will be your responsibility to prove the work was essential, and suggests photographs or a written report from a qualified tree surgeon (Birmingham: if a protected tree is damaged or dangerous). You may also have to plant a replacement tree (GOV.UK guidance, paragraphs 079–080).

Penalties

Cutting down, uprooting or wilfully destroying a protected tree, or damaging it in a way likely to destroy it, is a criminal offence under section 210 of the 1990 Act. The Act provides for a fine with no fixed upper limit, and the court must take account of any financial benefit, such as an increase in the value of your land. Lesser offences carry a fine of up to level 4 on the standard scale, currently £2,500 (Lichfield District Council). The same penalties apply to trees in conservation areas.

Some council pages still quote an older £20,000 maximum. That cap was removed for offences committed from 12 March 2015 by section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Nesting birds and bats

Wildlife law applies to every tree, protected or not. Under section 1 of the Wildlife and Countryside Act 1981 it is an offence to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built. This is why many tree surgeons avoid major work in spring and early summer, or check carefully first. See when is it illegal to cut a hedge? for how that check works.

Bats and their roosts are protected too. It is an offence to damage or destroy a place bats use for shelter, whether or not they are there at the time (GOV.UK: bats protection and licences). Old trees with holes, splits or loose bark can hold roosts; if bats may be present, work may need to wait for a survey.

Covenants, leases and tenancies

Even with no council restriction, a private one may apply:

• Restrictive covenants in your title deeds sometimes forbid removing trees or require screening to be kept. Your conveyancer or the Land Registry title can tell you.
• Leasehold flats and houses often leave the grounds, including trees, under the freeholder's control. Check your lease before arranging work.
• Tenants normally need the landlord's permission for anything beyond routine garden upkeep.

Getting the work done

A competent tree surgeon will ask about protection before quoting and can often help prepare an application. If the tree is clear to remove, see tree removal and tree felling. If you only need it smaller, crown reduction is often easier to get consent for. For prices, read the tree removal cost guide. We connect you with one local tree surgeon who covers your area.