Getting the answer wrong is expensive and illegal.
Carrying out unauthorised work on a protected tree carries a fine of up to £20,000.
Below we cover what tree preservation orders are, how to find out whether a tree on your property is protected by a TPO, and what work still needs consent.
What is a tree preservation order? – Advice by tree removal experts
A tree preservation order (TPO) is a legal instrument used by local planning authorities to protect trees that have significant amenity value.
The order makes it a criminal offence to cut down, uproot, top, lop, or carry out any work that might harm the tree without permission from the local planning authority.
A TPO may also be placed on important trees proactively, before any planning application is submitted for development in the area where the tree is situated.
Local authorities can also use them to protect specific trees at risk from development.
The power to make a TPO sits with the planning department, and the decision is usually driven by the tree’s visual contribution to the landscape.
In Scotland, tree preservation orders are made under the Town and Country Planning (Scotland) Act 1997. The process is broadly similar to the approach in England under the Town and Country Planning Act 1990, but applications and notices go through the Scottish planning system.
What trees are protected by a TPO?
A TPO can cover a single specific tree, a group of trees, a woodland, or all trees within a defined area. The type of order determines what is protected and how broadly the protection applies.
Individual TPO
An individual TPO applies to one named tree or a small number of specified trees. Each tree is identified on the order map.
The protection covers only those specific trees, not others in the same garden or plot.
An individual tree may be protected due to its significant historical and aesthetic value to the local area. They may also bring environmental value due to their support of biodiversity and benefits to local habitats.
Group TPO
A group TPO protects a defined group of trees as a collective, treating them as a single entity for the purposes of the order.
Individual trees within the group cannot be worked on without consent, even if only one looks like it needs attention. However, if an individual tree is decayed, dying, or infected with tree pests or disease, special consent may be given to protect the safety of the surrounding biodiversity.
Woodland TPO
A woodland TPO protects all trees within a woodland area, including those not individually named.
Trees within a woodland boundary that grow after the order is made are also covered once they become established.
Area TPO
Area TPOs are older orders that covered all trees within a defined geographical area, regardless of species or condition. Most councils have now converted old area TPOs to woodland TPOs, but some historic orders remain.
If you’re unsure which type of order applies to a tree on your land, the tree officer at your local council can confirm the details.
Trees in conservation areas
Before carrying out any work on a tree in a conservation area, you must give your local authority six weeks’ written notice.
The council can use that window to assess the tree and, if they consider it to have sufficient amenity value, place a TPO on it before any work starts.
A tree doesn’t need an individual TPO to attract restrictions in a conservation area.
The six-weeks’ notice requirement comes as a surprise to many people, since it’s not tied to whether a TPO exists. If you’re in a conservation area and planning any tree work, notify the planning department before anything is booked.
Work on trees protected by a TPO: what requires consent
It is not just tree removals that require consent. Any work that could harm a tree protected by a TPO requires prior consent from the local planning authority.
The most common types of work that need consent are:
- Felling or removing the tree entirely
- Crown reduction (reducing the overall size of the canopy)
- Crown lifting (removing lower branches to increase clearance)
- Lopping, topping, or any pruning that removes significant parts of the crown
- Cutting the roots in a way that could harm the tree
Consent is also needed to fell a tree in a conservation area, even without an individual order.
Anyone can apply for consent to carry out work on a protected tree, including works on protected trees covered by older orders. The tree officer at the planning department will assess the application.
The local planning authority must respond within eight weeks. You can appeal if consent is refused.
However in the instances a tree is dangerous or an immediate threat to life, it is important to call your local council or Police to ensure the safety of your surrounding. They will work with local tree surgeons to restore safety as soon as possible.
For non-immediate but dangerous trees, the Council also operate on an expedited process to ensure the safety of the local area.
How to check if a tree is protected by a TPO
The easiest way to find out if a tree is protected is to contact your local council’s planning or tree officer. Councils are required to keep a register of TPOs, and most now publish them on their planning portal or GIS mapping system.
Trees covered by tree preservation orders, as well as trees within a conservation area, should appear in the local authority’s online mapping tool.
Should you buy a house with a tree preservation order?
If you’re buying a property, your solicitor’s property searches should flag any TPOs affecting trees within the curtilage of the land. But ensure to ask if they haven’t brought up the topic.
A TPO on a tree at a property you’re buying isn’t automatically a problem.
It simply means the protected trees have recognised amenity value and that any future work will need consent before it goes ahead.
What matters is the condition of the protected tree and its proximity to the house.
A healthy, well-maintained tree subject to a TPO is straightforward to manage, provided any future work is planned around the consent process. A large tree in poor condition close to the building can be a different situation, and a tree survey before exchange of contracts is worth arranging.
The key question is whether the tree presents a risk to the property and whether that risk is manageable within the constraints the order places on what can be done.
Penalties for unauthorised work on a TPO tree
Carrying out works to trees protected by a TPO without consent is a criminal offence. Unauthorised pruning, felling, or damage can result in a fine of up to £20,000 at magistrates’ court level.
The council also has the power to require tree owners to replace a tree removed.
The land where the tree was situated retains the TPO even after the tree is removed, so any replacement tree planted there is automatically covered by the order.
Removing a protected tree doesn’t end the obligation to support local biodiversity.
How to apply for consent to work on a TPO tree
Applications to carry out work on a protected tree go to the local planning authority.
In Scotland that’s the relevant council. The application should describe the work you want to carry out and why, including the current condition of the tree and what the work will achieve.
Most councils have a standard application form for works to trees.
Trees are protected by tree preservation orders regardless of who owns the land, and you need to apply for consent before any work starts. The applicant normally needs a legal interest in the land.
The local planning authority has eight weeks to decide. You can appeal if consent is refused, and the process is set out on the relevant planning portal.
We work with homeowners and commercial clients across Glasgow and the Central Belt on TPO consent applications. Our certified arborists assess the tree, prepare the application, and carry out any approved work once consent has been granted.
Where a tree is a known bat roost, a qualified ecologist may need to survey it before consent is granted.
Call us on 07946 322717 to discuss your situation.
TPOs and conservation areas: how they affect routine tree surgery in Scotland
If you know or suspect a tree on your property is subject to a tree preservation order, check before booking any work. Our tree survey service includes confirming TPO status as part of the pre-work assessment.
You’ll know exactly what consents are needed before any pruning or removal goes ahead, and the job can be scoped properly around what’s actually permitted.
For properties with multiple trees, some may be covered by tree preservation orders and others not. A full survey establishes which trees are protected and what work is possible on each, so the whole job can be planned properly from the start.
Our qualified tree surgeon team carries out all types of tree surgery on protected and unprotected trees across Glasgow and Lanarkshire, including crown reduction, tree pruning, and removal where consent has been obtained.
The species of tree and its condition both factor into the consent application. Our arborists advise on the right approach for the specific tree or trees on your property, and manage the consent process on your behalf if a TPO applies.
Frequently asked questions about tree preservation orders
Can shrubs and hedges be protected by a tree preservation order?
A tree preservation order can technically be placed on any woody plant, but in practice councils apply them to trees rather than shrubs or hedges. A hedge is not a tree, and local authorities rarely place TPOs on hedges.
Can anyone put a tree preservation order on a tree?
Only the local planning authority can make a TPO. Members of the public can request that a council considers making an order on a specific tree, particularly where a tree in a neighbour’s garden or on development land is at risk of removal.
How do you check if a tree has a TPO?
Contact your local council’s planning or tree officer. Most councils maintain a public register of TPOs and many publish them on online mapping tools. In Scotland, local planning authority records are the primary source. If you’re buying a property, the standard local authority searches carried out by your solicitor will reveal any TPOs affecting trees on the land.
Do you need permission to cut down a tree in Scotland?
You need consent if the tree is protected by a TPO or if it’s in a conservation area. For trees in conservation areas, six weeks’ written notice to the council is required before any work.