What is a tree preservation order?
For homeowners, landowners and neighbours in England with trees that may be protected.
Applies to: England Last checked against official sources: 6 October 2026
A tree preservation order (TPO) is an order made by your local planning authority to protect specific trees, groups of trees or woodland.
- Without written consent, you must not cut down, top, lop, uproot, wilfully damage or destroy a protected tree.
- The council should decide an application for consent within 8 weeks.
- Trees in conservation areas that have no TPO still need 6 weeks' notice to the council before work.
- Unauthorised work can lead to an unlimited fine.
- You can appeal a council decision within 28 days, and there is no fee.
Different in Scotland, Wales or Northern Ireland
Rules may be different in:
- Scotland: Check mygov.scot for Scotland
- Wales: Check gov.wales for Wales
- Northern Ireland: Check nidirect for Northern Ireland
Key facts
- Made by your council
- Consent needed for most work
- Decision within 8 weeks
- Unlimited fine for breaches
What a tree preservation order is
A tree preservation order (TPO) is a legal order made by a local planning authority in England. It protects trees, groups of trees or woodland that matter to how a place looks and feels (the law calls this amenity). Usually your local council is the planning authority.
What it protects against
If a tree has a TPO, you need the council's written consent before you:
- cut it down
- top or lop it (cut back branches or the top)
- uproot it
- wilfully damage or destroy it
- cut its roots
How a TPO is made
A TPO takes effect on the day the council makes it. This first stage lasts up to 6 months, unless the council confirms the order or decides not to before then. People get at least 28 days from the date of the notice to send their comments or objections.
Once confirmed, the order should be recorded in the local land charges register. Councils also keep copies for people to look at. So to check a tree, ask your council.
How to get consent for work
- Fill in the standard application form.
- Send it to your council by post, by hand, by email, or online through the Planning Portal.
- The council should decide within 8 weeks.
When you do not need consent
- Dead trees: give the council 5 working days' notice first.
- Dangerous trees: work to remove an immediate risk of serious harm.
- Work needed to meet a legal duty, or by certain utility companies.
Trees in conservation areas
A tree in a conservation area may not have a TPO, but it still has some protection. You must give the council 6 weeks' notice before working on it. This gives the council time to decide whether to make a TPO. If a tree in a conservation area is removed without giving notice, or because it is dead or dangerous, you must plant a new tree of a suitable size and type in the same place as soon as you reasonably can.
Penalties
Cutting down, uprooting or wilfully destroying a protected tree without consent is a criminal offence. The law sets no upper limit on the fine (an unlimited fine). When deciding the fine, the court can take into account any money the person made or expected to make from the work.
Appeals
| Step | What to know |
|---|---|
| Who decides | The Planning Inspectorate |
| Deadline | 28 days from the date on the council's decision notice |
| No decision after 8 weeks | You can appeal, with no deadline until a decision arrives |
| Fee | None |
| How long | Usually a decision within 27 weeks of your appeal being validated |
If you live in Scotland, Wales or Northern Ireland
This guidance covers England only. Scotland, Wales and Northern Ireland have their own rules, so contact your council for advice.
Related guides
- How do I sort out a dispute with my neighbour?
- Do I need planning permission?
- What is permitted development and what can I build without planning permission?
- How do I resolve a boundary dispute with my neighbour?
- What are building regulations and when do I need approval?
Where this comes from
Get it done
This takes you to the official service, which is free to use.
Read the TPO guidanceCommon questions
How do I find out if a tree has a TPO?
Can I remove a dead tree with a TPO?
Official sources
- 1.Tree preservation orders and trees in conservation areaswww.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
- 2.Appeal a decision about a tree preservation orderwww.gov.uk/appeal-decision-about-tree-order
- 3.Town and Country Planning Act 1990, section 210www.legislation.gov.uk/ukpga/1990/8/section/210
Checked against GOV.UK on 6 October 2026
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