What a Tree Preservation Order is

A Tree Preservation Order, often called a TPO, is a legal protection made by the local council to safeguard a tree or group of trees that adds to the look and character of an area. Once a TPO is in place, you generally cannot cut down, top, lop or otherwise damage the tree without the council's consent. It does not take the tree away from its owner. You still look after it, but significant work needs permission first.

Why councils protect trees

Councils use orders to keep trees that contribute to a street, a neighbourhood or a view. Mature oaks, limes and beeches in older parts of Birmingham, Solihull and the Black Country are typical examples, and so are trees along former canal corridors or in the long back gardens of inter-war semis. A tree does not have to be rare or ancient to be protected. What matters is the value it brings to the surroundings.

Orders can cover a single specimen, a small group, or a whole woodland, and the wording of each one sets out exactly which trees are included. That is why asking the council for the details, not just a yes or no, is worth the effort. It is also common for councils to protect trees when a new development is planned nearby, so an order can appear on a street where none existed before.

Conservation areas work in a similar way

Even without a TPO, a tree inside a conservation area is usually protected too. In practice this means you normally have to give the council notice before doing work to it, and the council then decides whether to make an order. Conservation areas often cover Victorian terraces and older village centres. If your home is in one, treat every tree of any size as one that needs a call to the council first.

The notice period gives the council time to decide whether the tree deserves an order. If you hear nothing within the time allowed, you may be able to go ahead, but it is wise to confirm the position in writing first. This notice rule applies to pruning as well as felling, so even modest work needs a call or a written notice first, and the council may reply with conditions.

How to find out if your tree is covered

The council is the right place to ask. Contact the planning or tree officer, give the address and describe the tree. They can say whether a TPO exists, which trees it covers and whether the property sits in a conservation area. Do not rely on neighbours' memories or on how the tree looks. Some orders are old and many householders simply do not know about them until they check.

  • Ask the council whether any order covers the tree or the property
  • Request the details of what the order allows
  • Confirm whether the property is in a conservation area
  • Keep copies of any written reply

Applying for permission to do work

If a TPO applies and you want to prune or remove the tree, you make an application to the council explaining what you want to do and why. Good photographs and a clear description help. A report from a tree specialist can support the case, for instance where a tree is diseased or causing structural concern. The council can agree, agree with conditions or refuse. Larger felling may also need a felling licence from the Forestry Commission, so check that too.

Routine care and how we can help

Protection does not stop sensible care. With consent, a tree can be pruned, thinned or have deadwood removed, and that often keeps it healthier and safer. We can visit, look at the tree, advise on what might be needed and describe the work in a way that suits an application. We always check protection status before cutting, and we will not start work on a protected tree until the council's position is clear.

If a protected tree is on a neighbour's land and overhangs your garden, the same rules apply to cutting it back, so a polite conversation and a check with the council come before any pruning. Honest advice sometimes means telling you that a tree is worth keeping and that a lighter touch will solve the problem, which suits the council as well.

Want it looked at properly?

Tell us what you have and we will arrange to visit, explain what is needed and give you a free, no-obligation quote. See our tree surgery page, or send us photos on WhatsApp.

Common Questions

Can I prune a tree that has a TPO?

Usually only with the council's consent, even for work that seems minor. Some limited exceptions exist, for example for a dead or dangerous tree, but the safest course is always to ask first and get the answer in writing before anyone starts cutting.

Who is responsible for a TPO tree on my land?

The owner of the land remains responsible for the tree, including keeping it in a safe condition. The order simply means that significant work needs the council's agreement. If you are worried about the tree's condition, tell the council and get it assessed.

Does a TPO apply if I buy a house with a protected tree?

Yes. The order stays with the tree, not the owner, so it carries on after a sale. When buying a home, it is sensible to ask the council about any orders and to check the legal paperwork for mentions of protected trees.

What if a protected tree is damaging my property?

Raise it with the council and provide evidence, such as photographs or a specialist report. The council can consider consent for work to resolve the problem. Do not carry out any cutting before the council has replied, because that could be treated as an offence.