Do you have a TPO tree in your garden?

What is a Tree Preservation Order (TPO)?

A TPO is an order made by a Local Authority to protect specific trees, groups of trees or woodlands from being damaged or destroyed.

Why would a tree have a TPO?

A TPO protects trees which are under threat, existing trees, trees planted as a requirement of a planning condition or those considered to have a significant impact on their local surroundings.  Once a TPO is in place it is an offence to cut down, top, lop, uproot, willfully damage or destroy a tree without the Local Authority’s permission.

Buying a Property and TPO’s

If there are any trees within the boundaries of the property you are buying you will need to find out if there is a TPO in place.  If so, this will have an impact on what works you can carry out to the trees and could potentially affect future plans you may have for the property or garden.

As part of the conveyancing process your conveyancer will carry out a local authority search.  This will reveal whether there is a TPO.  If so, your conveyancer will obtain a copy of the order which will set out the species and location of the trees and you will be advised of the implications of this.

Carrying out works on a TPO protected tree

A homeowner will need to submit an application to the Local Authority providing information such as the species of the tree, location and proposed works.  It can take up to 8 weeks for a decision to be made as to whether permission will be granted.

You don’t need to be the homeowner to submit such an application.  Anyone can give notice of intent to carry out works to a protected tree.  However, if you are not the owner of the tree and no objections are raised in respect of the works you would need permission from the tree owner before carrying out the work.

To carry out works without the Local Authority’s  permission is a criminal offence.    A person guilty of an offence shall be liable to a fine on summary conviction of up to £20,000 or on conviction of an indictment the fine is unlimited.  However, where a tree is dead or dangerous an application for permission may not be required but you would still need to give notice of the proposed works to the Local Authority and you should contact them in the first instance to discuss this with them.  You may be required to replace a tree which is being cut down.

Who is liable for the breach of a TPO

A breach of an order is a strict liability offence which means that you can be found guilty of an offence even if you were unaware there was a TPO in place.

The person who damaged or cut the tree is the individual who will be liable for the breach. This includes a professional employed to carry out works/person who permitted the works to be carried out or a former owner of the property.

Being aware of this information at the time of purchase enables a buyer to decide whether they are happy to proceed and if so the requirements on them when it comes to maintaining the trees on the property.

 

 Please note this article is provided for general information purposes only to clients and friends of Hayward Moon Limited. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Hayward Moon Limited does not accept any liability for error or omission.