This is one of the questions we’re asked most often: can I just cut down the tree in my garden, or do I need permission first? The short answer is that most garden trees can be removed without any formal permission, but there are several important exceptions that could land you in serious trouble if you get them wrong.
If your tree has a Tree Preservation Order (TPO), you must apply for written consent from your local council before carrying out any work. This includes not just felling, but also significant pruning, crown reductions, and even removing major branches. Carrying out work on a TPO tree without consent is a criminal offence, with fines of up to £20,000 in the Magistrates’ Court or unlimited fines in the Crown Court. The council also has the power to require you to plant a replacement.
If your property is in a conservation area, you must give six weeks’ written notice to the council before cutting down or carrying out significant work on any tree with a trunk diameter of 75 mm or more, measured at 1.5 metres above ground level. This applies even if the tree doesn’t have a TPO. The six-week notice period gives the council time to decide whether to place a TPO on the tree before you remove it. If they don’t respond within six weeks, you can proceed.
There’s another piece of legislation that many people don’t know about: felling licences. Under the Forestry Act 1967, you generally need a felling licence from the Forestry Commission to fell growing trees. However, there’s a generous exemption for gardens: you can fell up to 5 cubic metres of timber in any calendar quarter without a licence, as long as no more than 2 cubic metres are sold. For most domestic gardens, this exemption covers any tree you’re likely to remove. It’s only when you’re clearing larger areas of trees or woodland that felling licences become relevant.
Even where you don’t need formal permission, there are wildlife laws to consider. Under the Wildlife and Countryside Act 1981, it is an offence to intentionally damage or destroy the nest of any wild bird while it is in use or being built. In practice, this means you should avoid felling trees or removing hedgerows during the main nesting season, which runs from approximately March to August. If you need to fell a tree during this period, it should be checked for active nests first.
Bats add another layer of protection. All bat species and their roosts are protected under the Conservation of Habitats and Species Regulations 2017. It is an offence to damage or destroy a bat roost, even if the bats aren’t present at the time. If your tree has features that could be used by bats — holes, cracks, loose bark, or dense ivy — it’s worth having it assessed before any work begins. This is particularly relevant for mature oak, beech, and ash trees.
Planning conditions are another potential issue. If your property was built or extended in the last few decades, the planning permission may include conditions that protect specific trees on the site. These conditions work like TPOs — the trees cannot be removed without the council’s consent. Check your property’s planning history on the council’s website if you’re unsure.
In summary: for most garden trees that aren’t protected by a TPO, aren’t in a conservation area, and aren’t subject to planning conditions, you’re free to remove them at any time outside the bird nesting season. But if there’s any doubt, check first. A quick call to your council’s tree officer or a visit from a qualified tree surgeon can confirm the position. At AG Garden & Tree, we check every tree’s status before we quote, so you’ll always know where you stand before any work begins.
