A Thorough Guide to Trees and the Law in the UK
Concerning tree law in the UK, several critical factors exist to consider. The following guide provides more information on some of these essential factors.
Dangerous trees
In almost all cases, the one responsible for trees' safety is the landowner where the trees in question grow. There are some exceptions, such as when a rental agreement puts the tenant in charge of tree management. In all other cases, the tree manager has a duty of care to provide care such that their neighbours don't experience any problems. A tree owner also has the duty under the Occupiers Liability Acts to take proactive steps in ensuring visitors on the land are safe. This means that if a tree falls, the owner is liable. If it is proven that the owner has been negligent, such as allowing tree damage to corrupt the tree, then they can face the law. To avoid this, tree owners should always look to inspect their trees with the aid of arboriculturists.
Encroaching roots and overhanging trees
In general, the 'common law' makes provisions for pruning branches and roots that go over the boundary between properties even without consent from the owner. However, any works undertaken should be meticulous not to damage the tree because such acts are liable. It is always best to discuss matters with the tree owner before taking action. Consulting an arboriculturist, in this case, is always a good idea. If overhanging branches or encroaching roots have caused damage to a property, the insurer will approach the owner to decrease the issue and arrange repairs.
Tree protection
There are a few ways for trees to be protected in the UK.
Tree Preservation Orders (TPOs) – Local Councils, within their role as Local Planning Authority, administer TPOs. Their goal is to protect trees that add amenity value to the area. A TPO means it is an offence to top, lop, uproot or cut down a tree under protection without the local planning authority's consent. Hedges, bushes and shrubs cannot fall under a TPO, but it can be made for anything from a specific tree to an entire woodland. Anyone wishing to work on trees under a TPO should fill out an application form and send it to their local planning authority.
Conservation areas
parties that wish to do any work on conservation areas, need to send out six weeks prior notice via email, letter or the official form with a detailed explanation of the proposed results. The local planning authority can issue a Tree Preservation Order during that time.
Restrictive covenants
Essentially a promise between two parties, such as the buyer and seller of a property/land, to not do certain things to the area. It is binding to the land and not an individual owner, meaning it is a place even if the current owner sells the property to another owner.
Felling licenses
Felling a tree in a garden is possible, even without a felling license. However, for a tree outside a garden, applying to the Forestry Commission for a felling license is always recommended. This is regardless of whether a TPO covers the tree in question.
