Martin Fielding, from Stockport, thought it was just a “regular tree” he was trimming back in his garden until he received an unsettling letter from the council.
As more Brits get out the tools and tidy up their gardens before winter, experts say thousands may unknowingly be breaking the law simply by cutting back or removing trees in their own garden.
According to home experts at My Home Improvements, many people don’t realise that trees in residential gardens may be protected by Tree Preservation Orders (TPOs).
Make sure you’re allowed to cut a tree down before doing so (Image: Getty) It means that if you cut down, lop, damage or destroy a protected tree without permission, it could result in criminal prosecution and a fine of up to £20,000 in a magistrates’ court.
Mr Fielding, 51, didn’t realise that certain trees – even if it’s in your own garden – can be protected.
“It was blocking the light in the conservatory and leaning over the fence,” he explained.
“So I gave it a proper cut.”
But soon after he received a letter from the local council telling him the tree was protected and that he may have breached the order by cutting back too much.
“I didn’t even know such a thing existed. I thought trees in your own garden were your responsibility,” Mr Fielding continued.
“I was shocked to learn I could be fined thousands.”
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What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a legal protection issued by your local council to prevent important trees from being cut, pruned, damaged or removed without consent.
These orders apply to trees that have environmental, historical or aesthetic value and yes, even if they’re on your private property.
Failing to get approval before carrying out work on a protected tree is a criminal offence.
“The trouble is, most homeowners have no idea their tree is protected,” says Sophie Willoughby, a gardening expert who was contacted by My Home Improvements.
You could face a fine of £20,000 for cutting a tree that has a TPO in place (Image: Getty) “It’s easy to think you’re just doing routine garden work, but one snip too many and you could face a hefty fine,” Sophie explains.
“Councils take it very seriously and so they should, because mature trees are crucial for wildlife and air quality.”
How to avoid a £20,000 fine for cutting garden trees
To help homeowners avoid legal trouble this gardening season, My Home Improvements has shared some simple but important advice to keep things safe and legal in your garden.
Check with your council – before cutting or trimming any large trees, contact your local authority to find out if there’s a TPO in place.
Don’t assume it’s okay just because it’s in your garden.
Get written permission – if a tree is protected, you must apply for permission to do any work on it.
Take photos before you prune – this helps if there’s any dispute over what was done.
Use a professional tree surgeon.
A spokesperson from My Home Improvements, added: “Before you pick up the saw or shears, take a moment to check your tree isn’t protected.
“Councils don’t issue TPOs lightly and breaching one can land you in legal trouble.
“Whether you’re trimming, pruning or removing, always ask first, as it’s a simple step that could save you £20,000 and a trip to court.”
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The Woodland Trust said: “If you own your home, you don’t need permission to fell a tree that’s solely within your garden unless it’s subject to a Tree Preservation Order” or “in a Conservation Area.”
Make sure you get the landlord’s permission before cutting any trees if you rent your home, the trust advises.
It added: “Any injury or damage caused to a neighbour or their property from tree works or felling is your liability, for example if the tree falls in an unexpected direction onto a shed.”
You can ask a council to put a TPO in place, the Woodland Trust explains: “If a tree you know and love is at risk, ask the council to put an emergency TPO on it. This prevents the tree being chopped down or tampered with while the council investigates further.”
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