Trees play an important role in the character, appearance, and environmental quality of towns and villages across the UK. To protect trees that provide significant public benefit, local authorities can place Tree Preservation Orders (TPOs) on trees that are considered important to the local area.
If you own, or are considering buying, a property with trees in or around its boundaries, it is essential to understand what a Tree Preservation Order is, what it aims to achieve, and the implications it can have for property owners.
What Is a Tree Preservation Order (TPO)?
A Tree Preservation Order is a legal designation made by a local planning authority to protect trees that offer significant amenity or environmental value.
Once a TPO is in place, it becomes a criminal offence to:
- Cut down
- Lop or top
- Uproot
- Damage or destroy
a protected tree without written consent from the local authority.
TPOs can apply to:
- Individual trees
- Groups of trees
- Areas containing multiple trees
- Woodland
They apply regardless of whether the tree is located on private land, within a garden, or close to a property boundary.
What Do Tree Preservation Orders Aim to Do?
The primary purpose of a Tree Preservation Order is to protect trees that contribute to public amenity. This includes trees that:
- Enhance the visual appearance of an area
- Contribute to the character of streets and neighbourhoods
- Support wildlife and biodiversity
- Improve air quality and environmental conditions
TPOs are not intended to prevent all tree works, but to ensure that any work carried out is justified, appropriate, and properly managed.
Implications of Tree Preservation Orders for Property Owners
Where trees subject to a Tree Preservation Order are located within or close to a property boundary, there are several important considerations.
Restrictions on Tree Works
Most work to a protected tree requires formal consent from the local authority, including routine pruning or crown reduction.
Carrying out unauthorised works can lead to:
- Prosecution
- Substantial fines
- Enforcement action requiring replacement planting
Even minor works may require permission, unless the tree is dead, dying, or presents an immediate danger.
Impact on Property Alterations and Development
Protected trees can restrict:
- Extensions and alterations
- New buildings or outbuildings
- Driveways, drainage, and landscaping works
Root protection zones often need to be preserved, which can limit excavation close to trees. This may affect the future development potential of a property and should be considered carefully before purchase.
Trees on or Near Property Boundaries
Trees located on neighbouring land or near boundaries can still be protected by a TPO, even if:
- The trunk is outside your ownership
- Branches or roots extend into your land
Although property owners have certain common law rights regarding overhanging branches, these rights are restricted where a Tree Preservation Order applies, and local authority consent is normally required before any work is carried out.
Maintenance Responsibilities and Costs
Ownership of land with protected trees carries ongoing responsibilities, including:
- Monitoring tree condition
- Managing safety risks
- Funding approved maintenance or remedial works
In most cases, the landowner remains responsible for maintenance costs, even though the scope of work is controlled by the local authority.
Tree Preservation Orders When Buying a Property
When purchasing a property, Tree Preservation Orders should be identified through:
- Local authority searches
- Title documentation
- Professional property surveys
A HomeBuyer Survey or Building Survey will often comment on the presence of protected trees, particularly where trees are close to buildings, boundaries, or drainage runs.
Buyers should be aware that Tree Preservation Orders may:
- Limit future alterations or extensions
- Increase maintenance obligations
- Require specialist arboricultural advice
Can Trees with a TPO Be Removed?
Trees protected by a TPO can only be removed or significantly altered with formal approval from the local authority. Applications must usually demonstrate:
- Structural damage to buildings
- Safety concerns
- Disease or decline
- A clear and justified reason for removal
Permission is not guaranteed, and replacement planting is often required.
Conclusion
Tree Preservation Orders play an important role in protecting trees that contribute to the environmental and visual quality of an area. However, they also place legal restrictions and responsibilities on property owners, particularly where protected trees are located within or close to property boundaries.
Understanding the presence and implications of Tree Preservation Orders is essential when maintaining, altering, or purchasing a property. Where uncertainty exists, professional advice should always be sought before carrying out any work to protected trees.
Property Surveys and Advice from KIS Property Solutions
At KIS Property Solutions, based in Brighouse, West Yorkshire, we provide professional HomeBuyer Surveys and Building Surveys that help buyers understand potential risks associated with protected trees and site constraints.
Our surveys highlight issues that may affect future maintenance, alterations, or development, allowing buyers to make informed decisions before committing to a purchase.
If you are buying a property around Brighouse, Huddersfield, Halifax or the West Yorkshire Region and would like expert surveying advice, contact KIS Property Solutions to discuss which survey is most suitable for your needs.
