Cutting Trees: The Rules

Checking Your Trees
Sort Your Neighbour's Tree

Your tree overshadowing next-door's garden? Worried the roots of their tree are affecting your house? Find out what your rights and responsibilities are

By Sarah Warwick

However happy your relationship with the neighbours, there can come a time when it's a tree that comes between you. But if you want to hang on to that good atmosphere - and stay on the right side of the law - don't just start pruning and chopping whichever side of the fence the tree is on.

Check On The Tree

Whether you're worried about a neighbour's tree that's overhanging your garden, or they're complaining that yours is throwing their garden into shadow, you'll first need to find out if the tree is subject to a preservation order.

Tree preservation orders give local authorities the power to protect trees. It means the tree can't be cut down or pruned without consent from the council. If the tree is dead, dying or dangerous, you may not need consent - but to be sure, before you start work, check whether the tree is protected. After all, you can be prosecuted and fined if you don't get the go-ahead when you should have done.

Remember Conservation Areas

Trees are thought to contribute to the character of conservation areas, so even if the tree in question isn't subject to a preservation order, if you live in one of these areas, you'll need to contact the council to give notice of proposed work. This applies to trees with a trunk diameter greater than 75mm measured 1.5m above ground level. You can't start work before a six week notice period has elapsed unless the council gives you permission to go ahead before then. Dead, dying and dangerous trees are exempt, but you'll still need to check with the council to ensure this applies to your tree. Once again, you can be prosecuted and fined if you don't follow the rules.

Bear in mind that your council might be prompted to make a tree preservation order on a tree in a conservation area, in which case you'd need to apply to do the work under those rules.