What Is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal order that protects specific trees, groups of trees, or woodlands from being cut down, topped, lopped, uprooted, or wilfully damaged without the written consent of the local planning authority. Breaching a TPO is a criminal offence carrying an unlimited fine.

TPOs are made by local planning authorities under Part VIII of the Town and Country Planning Act 1990. An authority can make a TPO if it considers it “expedient in the interests of amenity” to preserve trees in their area. In practice, the trees need to be visible to the public and contribute positively to the local landscape.

TPOs can apply to trees of any species, size, or age. They cannot protect hedgerows, bushes, or shrubs.

Types of TPO

Individual

Protects a single, specifically identified tree. This is the most common type.

Group

Protects a group of trees as a collective feature. Individual trees within the group may not merit protection alone, but together they form an important landscape feature.

Area

Provides blanket protection to all trees within a defined area. Originally intended as a short-term measure while surveying individual trees, but many older area orders remain in force.

Woodland

Protects an entire woodland, including trees that naturally regenerate or are planted within the boundary in the future. The most comprehensive type.

What you cannot do without consent

• Cut down a protected tree
• Top or lop branches
• Uproot a tree
• Cut or damage roots
• Wilfully damage or destroy a protected tree

What you can do without consent

• Remove dead branches from a living tree (give your planning authority five days' notice)
• Remove a dead tree entirely (five days' notice required)
• Carry out urgent work to remove an immediate risk of serious harm (give notice as soon as practicable after the work)
• Comply with a legal obligation required by an Act of Parliament
• Carry out work authorised by planning permission

Penalties

Carrying out prohibited work on a TPO-protected tree without consent is a criminal offence.

• Destroying a protected tree (cutting down, uprooting, or wilfully destroying it): an unlimited fine.
• Other unauthorised work (topping, lopping, wilful damage): a fine of up to £2,500.

If a protected tree is removed or destroyed, the landowner has a legal duty to plant a replacement tree of an appropriate size and species. The replacement is automatically protected by the same TPO.

How to apply for consent

You need written consent from your local planning authority before carrying out most work on a TPO tree. Here is the process:

1. Check the TPO details. Confirm which trees are covered and what type of TPO applies. You can search on TPO Search or contact your local planning authority.
2. Complete the application form. Download the standard form from the Planning Portal or your authority's website.
3. Describe the proposed work. Include a clear description of what you want to do, your reasons, a site plan showing the tree location, and any supporting evidence (such as an arboricultural report if the tree is diseased or dangerous).
4. Submit to your local planning authority. There is no application fee.
5. Wait for a decision. The authority has eight weeks to decide. They may grant consent (with or without conditions), refuse, or grant consent for different work than you applied for.
6. Appeal if necessary. If your application is refused, or if no decision is made within eight weeks, you can appeal to the Planning Inspectorate.

Conditions are common. The authority might require you to plant a replacement tree, limit the work to certain branches, or specify a time of year. Consent typically lasts two years from the date of the decision.

Provisional vs confirmed TPOs

A new TPO takes effect immediately when made, even before it is formally confirmed. This prevents trees being felled pre-emptively.

• Provisional TPO: Takes effect on the date made. The authority must allow at least 28 days for objections.
• Confirmed TPO: After considering objections, the authority confirms the order. Must be confirmed within six months or it expires.

Once confirmed, a TPO remains in effect indefinitely. It stays attached to the land, not the owner, and continues to apply when a property changes hands.

TPOs and property purchases

If you are buying a property, TPOs should come up during the conveyancing process. Your solicitor will usually carry out a local land charges search, which reveals any TPOs registered against the property.

A TPO does not reduce what you can do with your property overall, but it does restrict tree work. If you are planning an extension, new driveway, or landscaping that could affect protected trees, factor this into your plans before exchanging contracts.

The TPO stays with the land. It does not matter how many times the property changes hands — the order remains in force. Sellers are not required to volunteer TPO information, which is why the local land charges search matters.

Search for TPOs near a postcode to get an early indication before instructing solicitors.

TPOs and planning applications

If your development site has TPO trees, you will need to address them in your planning application. The planning authority expects to see an arboricultural impact assessment showing which trees are affected and how they will be protected during construction.

You can apply to remove a TPO tree as part of a planning application, but you will almost always need to propose replacement planting. The authority can attach conditions requiring specific species, sizes, and planting locations. Replacement trees are automatically covered by the TPO.

If planning permission is granted and the permission specifically authorises the removal of a TPO tree, you do not need separate TPO consent. But if the permission is silent on trees, the TPO still applies and you need consent through the normal route.

Conservation areas vs TPOs

Trees in conservation areas have a separate layer of protection, even without a TPO. The two systems overlap but work differently:

Do I need a TPO check?

You should check for TPOs if you are:

• Buying a property — your conveyancer should run a local land charges search, but an early TPO Search gives you awareness before you commit
• Planning tree work — before you hire a tree surgeon, check whether any trees are protected
• Submitting a planning application — TPO trees on or near the site will need to be addressed in your application
• An arborist or tree surgeon — always verify protection status before starting work to avoid liability

Search for TPOs near you — enter any UK postcode to see protected trees on an interactive map.

A brief history of TPOs

Tree Preservation Orders were introduced by the Town and Country Planning Act 1947, which established the modern planning system in England and Wales. The power to protect trees was part of a broader post-war effort to manage development and preserve the character of the landscape.

The current legal framework comes from the Town and Country Planning Act 1990 (Part VIII), consolidated from the 1971 Act. The detailed rules for England are set out in the Town and Country Planning (Tree Preservation)(England) Regulations 2012, which simplified the old model order system and standardised the consent process. Wales retained the earlier 1999 Regulations, and Scotland has its own separate legislation under the Town and Country Planning (Scotland) Act 1997.

TPOs across the UK

TPOs exist in England, Wales, and Scotland. The core principles are the same — penalties are unlimited in all three nations, the consent process takes eight weeks, and the exemptions for dead or dangerous trees apply everywhere. What differs is the legislation:

England and Wales share the same primary Act but have different regulations — England adopted new rules in 2012 that simplified the old model order system, while Wales kept the 1999 version. Scotland has entirely separate legislation. The form requirements and procedural details vary, so always check which regulations apply in your area.

Northern Ireland has its own system under the Planning Act (Northern Ireland) 2011 and is not covered here.

Legal disclaimer

This page is for general information only and does not constitute legal advice. TPO law is complex and fact-specific. If you need certainty about whether a tree is protected, or about the legal consequences of proposed work, consult your local planning authority or a qualified legal professional. See our terms for full disclaimers.