Trees are a valued part of our landscapes, but they also come with legal responsibilities. Whether you’re a homeowner, landowner, tenant, land manager, or contractor, it’s important to understand the laws that govern how trees can be managed, protected, and worked on.
UK tree law is a mix of civil duties (developed through case law) and statutory requirements (laid out in Acts of Parliament). Together, they cover responsibilities for landowners, tree contractors, and public authorities – like preventing damage to neighbouring properties – and statutory rules, such as their duty of care, or rules around Tree Preservation Orders, wildlife protection, and health and safety. Knowing your legal duties helps keep people safe, protects wildlife, and ensures trees are managed responsibly for future generations.
Civil Law (Common Law / Case Law) or “People vs People”
This is about one person or company suing another and it covers things like:
- A tree falling on a neighbour’s car
- Roots damaging someone’s house
- Overhanging branches causing problems
If you’re the tree owner and didn’t act reasonably, you could be made to pay for the damage.
What are some of the common law precedents that apply to trees?
Duty of Care (Negligence & Occupiers’ Liability)
- Leakey v National Trust [1980] – landowners can be liable for natural risks like trees if they knew or should have known about the danger. This is where tree inspection comes in.
- Stagecoach v Hind [2014] – root damage caused by foreseeable tree growth = liability.
- Delaware v West Sussex CC [2013] – regular visual inspections by competent people are expected, especially in high-use areas.
- Occupiers’ Liability Acts 1957 & 1984 – duty to ensure trees on land are reasonably safe for lawful visitors and, to a lesser extent, trespassers.
Nuisance & Trespass
- Lemmon v Webb [1894] – overhanging branches can be cut back by neighbours without notice but must be returned.
- Sedleigh-Denfield v O’Callaghan [1940] – liability can arise from failing to address a nuisance on your land.
Statutory Law (Acts & Regulations) – you might be breaking rules made by the government
These are laws written down in Acts of Parliament; and breaking them and you could be fined or prosecuted, even if nobody sues you.
These can include things like:
- Cutting down a protected tree without permission
- Ignoring a council notice to trim a hedge
- Damaging wildlife habitats
Even if no one’s hurt, doing the wrong thing can still land you in trouble!
What are some of the Statutory Laws that apply to trees?
Health and Safety at Work Act 1974
- Applies to tree work contractors and landowners employing workers.
- Requires risk assessments and safe systems of work (e.g. felling, MEWP use, tree inspections).
- Enforced by the HSE, with potential for prosecution.
Highways Act 1980
- Section 154: Property owners must ensure trees and hedges don’t obstruct roads, footpaths, or signage.
- Councils can issue legal notices requiring pruning or removal to maintain safety and access.
Town and Country Planning Act 1990
- Tree Preservation Orders (TPOs): Illegal to prune, damage or fell protected trees without council permission.
- Conservation Areas: Must give 6 weeks’ written notice before working on trees over 75mm diameter at 1.5m height.
- Breaches are criminal offences punishable by fines up to £20,000 per tree.
Planning (Listed Buildings and Conservation Areas) Act 1990
- Extra restrictions may apply if trees are within the grounds of listed buildings, even if not under TPOs.
Forestry Act 1967
- A felling licence from the Forestry Commission is required for removing more than 5 cubic metres of timber per calendar quarter (some exemptions apply).
- Illegal felling can result in criminal charges and Restocking Notices.
Wildlife and Countryside Act 1981 & Conservation of Habitats Regulations 2017
- Protect bats, nesting birds, dormice, etc.
- Tree work must not disturb roosts or nests—this includes checking for signs before starting.
- Breaches can result in imprisonment or large fines.
Countryside and Rights of Way Act 2000
- Strengthens protections for SSSIs and other conservation sites where trees may be involved.
Anti-Social Behaviour Act 2003 – Part 8 (High Hedges Law)
- Allows neighbours to complain about evergreen/semi-evergreen hedges over 2 metres that affect enjoyment of their property.
- Councils can issue Remedial Notices requiring height reduction.
Environmental Protection Act 1990
- Trees contributing to a statutory nuisance (e.g. damp, pests) can be subject to enforcement action.
Who is responsible for tree maintenance?
Put simply, if a tree is on your land, it’s your responsibility, whether it’s on a residential or commercial property, and whether you’re the owner, or just a tenant! The same applies if branches or roots encroach onto neighbouring land, which can potentially cause damage.
This is where regular pruning, trimming, and tree inspections can help protect you, as they prevent damage and legal trouble down the line.
It’s worth remembering that, if you UNKNOWINGLY let your tree become a safety hazard, you might still be held liable for any damage it causes, if the hazard was foreseeable (if you’d been doing your job properly!).
What is the law on boundary hedges and trees?
We’re getting into the thorny stuff now — trees and boundaries.
If your tree’s trunk straddles over your property and another’s, it counts as a boundary tree — similar to boundary hedges. In this case, both you and your neighbour may share responsibility for the tree. You’d be best seeking some legal advice from a specialist tree lawyer to resolve this. Give us a call and we can put you in touch with our friend Sarah!
What are the rules regarding neighbours’ trees?
If your neighbour’s tree or hedge has any overhanging branches or roots that pass onto your land, you’ll be able to trim them, but only up to the boundary line. Civil case law set the precedent that you should even offer any cuttings back to your neighbour; it all comes down to a man selling his neighbours apples in 1919 (look up Mills vs Brooker 1919 if you’re interested!).
Can I get my neighbour to reduce or cut back the height of their trees?
You can’t generally force a neighbour to reduce or cut back their trees unless they are causing a specific issue, like structural damage or blocking your access to light.
In the case of a hedge, however, you have some leeway. If your neighbour’s hedge grows above two metres and begins to block light or access, youmight be within your rights to file a high hedge complaint to your local council under the Anti-Social Behaviour Act of 2003.
However, as with any neighbourly dispute, it’s best to have a chat to try and resolve the issue between yourselves first, leaving official complaints as a last resort. There’s some good guidelines on how to initiate this process online, and our Arboricultural consultants can help steer this if you’re wanting to get the ball rolling.
I’ve spotted dangerous trees in a neighbour’s garden — what do I do?
Noticed a dead or diseased tree, or one that poses a serious safety risk? Talk to your neighbour straight away. Chances are, they haven’t realised it could cause a problem.We’d actually suggest you give your neighbour a notice in writing of your concerns; it doesn’t have to be an essay. That way any damage is more likely to be judged as foreseeable, and you can evidence this if needed. Give us a shout if you’re not sure and we could provide a tree inspection and report service.
If they refuse to take action, you can then report the dangerous tree to your local authority, which may take legal action if necessary.
What is a Tree Protection Order (TPO)?
A Tree Protection Order is a legal order which can be placed by your local council. Tree preservation order regulations, like a TPO, are in place to keep your local area looking great and to help the ecosystem thrive.
Receiving one means you cannot have any work done to your trees without consent, including pruning, lopping, or uprooting. The same applies to trees in conservation areas — even if it doesn’t have a TPO, you will need to give your local authority six weeks’ written notice before carrying out any work.
Conservation areas are about giving notice, TPOs are about getting consent.
Without written consent, you may be committing a criminal offence and could be fined or sentenced to imprisonment for working on a TPO tree.
How to find out if a tree has a protection order
To find out if a tree has a protection order against it or is based in a conservation area, you’ll need to contact your local planning authority or dig out your property’s original planning documents. If you’re stuck,get in touch; and we’ll do this as part of our preparation work once instructed.
Are there any tree felling laws in the UK?
Yes, there are tree felling laws in the UK, and the main one to note is that you will likely need a felling licence under the Forestry Act of 1967 for most types of tree removals.
What trees can be cut down without permission in the UK?
As of 2023, unauthorised tree felling can lead to uncapped fines and even imprisonment, so it’s really not worth the risk. The only possible exemption is felling smaller volumes of certain trees (up to five cubic metres per calendar quarter) or removing trees in private domestic gardens
Exemptions may also apply to removing dead or dangerous trees on private land, but you should always confirm this with your local authority or the Forestry Commission beforehand.
Who is liable for tree root damage in the UK?
If tree roots from your land damage someone else’s property, you may be held liable. If your neighbour can prove that the damage was foreseeable and that you failed to act in a reasonable timeframe, the responsibility might fall on you. This is the case whether you’re a homeowner, landlord, or commercial property owner.
To avoid getting stuck in the mud (both legally and literally), it’s always worth scheduling preventive tree maintenance with a professional, especially if your property’s trees are located in an older area with shallow foundations.
Stay compliant with The Tree Fella — the North East’s expert tree surgeons
With land comes great responsibility, and the best way to stay on the right side of the law is to stay up to date with tree laws in the UK and act accordingly.
As Arb-Approved Contractors and the highest-rated tree surgeons in the North East for Newcastle tree services and tree surgeons in Durham, we can confidently help with:
- Tree removals
- Tree pruning services
- Hedge trimming services
- Tree stump removal services
- Tree safety inspections
- Plus, we have over 500 five-star reviews to match!
Legal compliance has never looked so good (or green). Book online or give us a call on 0191 432 6167 to get in touch with our friendly arborists today and learn more about our tree services.