Across Kent, Surrey, Berkshire and Greater London a great many trees are protected — and doing the work without permission is a criminal offence. Here is how to find out where you stand before anyone starts cutting.
There are two separate kinds of protection, and a tree can fall under either or both:
Your council's tree officer or planning department holds the definitive record for both, and a phone call or email quoting the address is usually enough. If you would like a quick first look before contacting them, TPO Search maps Tree Preservation Order data from a large number of planning authorities across England, Wales and Scotland.
Two things to keep in mind when using any online checker: not every council publishes its TPO data openly, so a blank result is not proof that a tree is unprotected, and these tools generally map TPOs only — they will not tell you whether the tree sits inside a conservation area. Treat them as a starting point and confirm with the council before work begins.
You need the council's written consent before cutting down, topping, lopping, uprooting, or wilfully damaging the tree. Cutting roots counts too, which catches people out during building and driveway work. Consent, once granted, normally lasts two years.
Even with no TPO on it, you must give the council at least six weeks' written notice before carrying out work. Within that window the council can place a TPO on the tree, grant consent, or let the period lapse — after which you have two years to go ahead.
There is also a replanting duty: where a conservation area tree is removed, the owner is required to plant a replacement of appropriate size and species in the same place. That obligation passes to future owners of the property, so it can surface years later during a sale.
The exemptions are real but narrower than most people assume:
Because "dangerous" is judged after the event, it is worth photographing the tree and keeping a record of why the work was urgent.
We work on protected trees regularly and can handle the council side for you — preparing and submitting the application or notice, with the justification and method of work the tree officer will expect to see. If it turns out your tree is protected and the work is unlikely to be approved, we will tell you that plainly rather than take the job on.
This page is general guidance, not legal advice. Your local planning authority is the authoritative source for whether a particular tree is protected.
Your local council holds the definitive register. Contact the tree officer or planning department for your authority and ask them to check the address. There are also online TPO maps that cover many councils, which are a quick first check — but councils remain the only authoritative source, so confirm with them before any work starts.
Conservation areas have their own protection. You must give your council at least six weeks written notice before carrying out work on a tree in a conservation area. During that time the council can decide to place a TPO on the tree, give consent, or simply let the six weeks pass, after which you have two years to carry out the work.
Carrying out work on a protected tree without consent is a criminal offence, and the same applies to work in a conservation area without giving notice. Councils do prosecute. There can also be a legal duty to plant a replacement tree, and for conservation area trees that duty passes on to whoever owns the property next.
There are exemptions, but they are narrower than people expect. For a dead tree covered by a TPO you must still give the council five working days written notice before felling. If a tree poses an immediate risk of serious harm you can act without prior consent, but you must notify the council as soon as practicable and limit the work to what removes the danger. Removing dead branches from an otherwise living tree needs neither notice nor consent.
For a TPO application, councils generally work to an eight week target, though straightforward cases are often quicker. For conservation area trees the statutory period is six weeks from the date your notice is received. Consent, once granted, is normally valid for two years.
Yes. We regularly work on protected trees and can prepare and submit the application or notice on your behalf, including the written justification and method of work the council will want to see. Get in touch and we will tell you honestly whether your tree is likely to be protected and what the realistic options are.
Send us a photo and the address and we will tell you where you stand, free of charge.
