TA6 Tree Issues: What to Declare When Selling

Trees are one of the areas of the TA6 Property Information Form where sellers most often trip up. A mature oak in the back garden might be a selling point, but if it is covered by a tree preservation order, has caused subsidence, or has triggered a dispute with a neighbour, it becomes a disclosure obligation that spans multiple sections of the form.

This guide explains where tree issues appear on the TA6, what you need to declare, and how to present the information in a way that satisfies the buyer's solicitor without undermining your sale.

Where tree issues appear on the TA6

Unlike neighbour disputes or building works, tree-related disclosures do not sit neatly in a single TA6 section. Depending on the nature of the issue, you may need to address trees in up to three different parts of the form.

It is important that your answers across these sections are consistent. If you disclose a tree-related subsidence claim in Section 7 but do not mention the tree preservation order in Section 6, the buyer's solicitor will spot the gap when the local authority search results come back. Cross-referencing your own answers before submitting the form prevents unnecessary enquiries.

Tree preservation orders (TPOs)

A tree preservation order is made by the local planning authority under Section 198 of the Town and Country Planning Act 1990. It protects specific trees or groups of trees by making it an offence to cut down, top, lop, uproot, wilfully damage, or wilfully destroy a protected tree without the authority's written consent.

What to declare about TPOs

If any tree on your property is subject to a TPO, you should disclose the following in Section 6 of the TA6:

• The existence of the TPO and which trees it covers
• The TPO reference number (available from your local planning authority)
• Whether you have applied for consent to carry out work on any protected tree, and the outcome of that application
• Whether any unauthorised work has been carried out on a protected tree
• Whether any replacement planting conditions have been imposed following authorised removal

TPOs are a matter of public record and will appear on the local authority search. Any discrepancy between what you declare and what the search reveals will prompt the buyer's solicitor to raise additional enquiries — and may lead them to question the reliability of your other TA6 answers. For a broader look at how sellers commonly fall short on the form, see our guide on TA6 common mistakes sellers make.

TPO consent applications

If you need to carry out work on a protected tree — for example, pruning branches that are affecting your roof or removing a tree that has died — you must apply to your local planning authority for consent. The authority has eight weeks to determine the application. If consent is granted, it may come with conditions, such as planting a replacement tree of a specified species and size.

Any TPO consent applications you have made, whether granted, refused, or withdrawn, should be disclosed on the TA6. Attaching copies of the consent decision and any conditions reduces the number of follow-up enquiries.

Unauthorised work on TPO trees

Carrying out work on a TPO tree without consent is a criminal offence under Section 210 of the Town and Country Planning Act 1990. If convicted in the Crown Court, the fine is unlimited. If you have carried out unauthorised work, you must disclose this honestly. The buyer's solicitor will compare the TPO schedule (which lists the protected trees) against what is currently on site. A missing tree that should be there is immediately apparent.

If you are unsure whether a tree on your property is protected, contact your local planning authority or check the local authority search information. Many councils publish TPO registers online.

Conservation area trees

If your property is in a conservation area, there is an additional layer of protection for trees. Under Section 211 of the Town and Country Planning Act 1990, you must give six weeks' written notice to the local planning authority before carrying out any work on a tree with a trunk diameter of 75mm or more, measured at 1.5 metres above ground level. This applies even if the tree is not individually covered by a TPO.

During the six-week notification period, the council may decide to make a TPO on the tree, effectively preventing the proposed work. If the council does not respond within six weeks, the work may proceed.

On the TA6, you should disclose:

• That the property is in a conservation area (this will also appear on the local authority search)
• Whether you have given notice to carry out tree work and the council's response
• Whether any tree work has been carried out without giving the required notice

Tree-related subsidence

Trees are the single most common cause of domestic subsidence on clay soils in England and Wales. The Building Research Establishment estimates that tree roots are responsible for around 70% of subsidence claims on shrinkable clay. Species with high water demand — including oak, willow, poplar, ash, and some species of cypress — are the most frequent culprits.

How tree roots cause subsidence

Tree roots draw moisture from the surrounding soil. On clay soils, this moisture extraction causes the clay to shrink, reducing the volume of the ground beneath your foundations. As the ground shrinks, the foundations settle unevenly, leading to cracking, distortion, and structural movement. This process is most pronounced during dry summers when soil moisture is already low and tree roots are competing for the remaining water.

Ground heave — the opposite problem — occurs when a tree is removed and the clay soil reabsorbs moisture, swelling and pushing the foundations upward. If you have removed a large tree near the building, any subsequent heave must be disclosed.

What to declare in Section 7.4

Section 7.4 of the TA6 asks directly whether the property has been affected by subsidence, landslip, or ground heave. If tree-related subsidence has affected your property, you should disclose:

• When the subsidence was first noticed and what symptoms appeared (cracking, sticking doors, sloping floors)
• The cause identified by the structural engineer or loss adjuster
• Which tree or trees were involved and what species they are
• Whether a subsidence insurance claim was made, and the claim reference and outcome
• What remedial work was carried out — root barrier installation, tree removal, crown reduction, or underpinning
• Whether a monitoring period was completed and the monitoring results
• Whether a certificate of structural adequacy has been issued

For a detailed guide on how subsidence affects the sale process, see our companion article on selling a house with subsidence.

Insurance implications

If you have made a subsidence insurance claim involving tree roots, the claim history will be recorded on the Claims and Underwriting Exchange (CUE) database. The buyer's insurer will check this database, so there is no benefit to withholding the information. Declaring the claim openly and providing the documentation — including the insurer's final report and any certificate of structural adequacy — shows the buyer that the matter has been properly resolved.

Buildings insurance may carry a higher excess for subsidence on properties with a claims history, typically between £1,000 and £2,500. Being upfront about this helps the buyer plan their own insurance arrangements.

Neighbour disputes about trees

Tree-related neighbour disputes must be disclosed in Section 10 of the TA6. These disputes can take several forms, each requiring slightly different handling. For the broader context on how Section 10 works, see our guide on TA6 neighbour disputes.

Overhanging branches and encroaching roots

Under common law, a property owner has the right to cut back branches and roots that encroach from a neighbouring property up to the boundary line. This is known as the right of abatement. However, the cut material technically belongs to the tree owner and should be offered back to them.

If the exercise of this right led to a dispute — for example, if you cut back branches and the neighbour objected, or if a neighbour cut your tree without consulting you — the dispute must be disclosed. Include the date, the nature of the disagreement, whether it was resolved, and the current state of the relationship.

If encroaching roots from a neighbour's tree have caused structural damage to your property, you should cross-reference this with your Section 7.4 subsidence disclosure. Any damage claim pursued against the neighbour or their insurer should also be mentioned in Section 10.

High hedge complaints

Part 8 of the Anti-social Behaviour Act 2003 gives local authorities the power to adjudicate on high hedge complaints. A "high hedge" for the purposes of the Act is a barrier to light or access formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees or shrubs, rising to more than two metres above ground level.

If a formal high hedge complaint has been made — whether by you against a neighbour or by a neighbour against you — you must disclose it. Include:

• The date of the complaint and which party made it
• The council's decision (whether a remedial notice was issued)
• Whether the remedial notice has been complied with
• The current height and condition of the hedge
• Whether the complaint fee was paid (councils typically charge between £200 and £650 for processing a high hedge complaint)

Damage claims

If a tree on your property has caused damage to a neighbour's property — or vice versa — and a formal claim has been made, this must be disclosed. Common examples include root damage to a neighbour's foundations, a fallen tree or branch damaging a neighbour's building, or leaf and debris blocking a neighbour's gutters and causing water damage.

Include the date of the claim, who was involved, whether insurers were contacted, and the outcome. If the matter was resolved by agreement or insurance settlement, attach any relevant correspondence.

How to word your tree disclosures

The principles for wording tree disclosures are the same as for any other TA6 answer: factual, specific, and neutral. Avoid both downplaying the issue and overcomplicating the explanation.

Here are two examples of well-worded disclosures:

"A mature oak tree in the rear garden is subject to TPO reference [number], made by [council name] in [year]. An application for consent to carry out crown reduction was submitted in March 2024 and approved with conditions in May 2024. The work was carried out in June 2024 by [tree surgeon name]. A copy of the consent decision is attached."

"A subsidence insurance claim was made in September 2022 following cracking to the rear extension. The loss adjuster identified root activity from a willow tree in the rear garden as the cause. The tree was removed in December 2022 with the insurer's approval. Monitoring was carried out over 12 months. A certificate of structural adequacy was issued by [engineer name] in February 2024. The claim was settled in March 2024. Copies of the monitoring report, certificate of structural adequacy, and claim closure letter are attached."

For general guidance on how to protect yourself when completing the form, see our guide on seller duty of disclosure.

What happens if you do not declare tree issues

Failing to disclose a known tree issue on the TA6 can expose you to a misrepresentation claim under the Misrepresentation Act 1967. The risk is particularly acute with tree-related matters because TPOs and conservation area designations are discoverable through local authority searches, and subsidence claims are recorded on the CUE database. If the buyer's solicitor or insurer discovers something you did not declare, it immediately raises the question of what else you may have withheld.

The consequences can include:

• Damages — The buyer can claim financial losses caused by the undisclosed issue, including the cost of remedial work, reduced property value, and legal fees.
• Rescission — In serious cases of fraudulent misrepresentation, the court can reverse the sale entirely.
• Criminal prosecution — If you carried out unauthorised work on a TPO tree and failed to disclose it, you face both the misrepresentation risk and potential criminal liability under the Town and Country Planning Act 1990.

For a fuller explanation of the legal consequences, see our guide on what happens if you lie on the TA6.

Preparing your tree disclosures before listing

The most effective way to handle tree issues on the TA6 is to gather all the relevant information before you put your property on the market. This reduces delays during the conveyancing process and demonstrates to the buyer's solicitor that you are a transparent and well-prepared seller.

1. Check for TPOs. Contact your local planning authority or search their online TPO register. If your property is in a conservation area, note this as well.
2. Review your insurance history. Check whether any subsidence or tree-related damage claims have been made on the property. Gather the claim reference, loss adjuster's report, monitoring records, and any certificate of structural adequacy.
3. Consider a tree survey. If you have mature trees near the building, an arboricultural report can confirm the species, condition, and root spread. This can pre-empt concerns about future subsidence risk.
4. Document any tree work. Gather invoices, TPO consent decisions, conservation area notification correspondence, and photographs showing the before and after condition.
5. Note any neighbour disputes. If there have been complaints about overhanging branches, high hedges, or root damage, record the dates, parties, and outcomes so you can complete Section 10 accurately.

Pine helps you work through each of these steps before you list. By completing your TA6 early, your solicitor can include it in the draft contract pack from day one, which means fewer surprises and a faster transaction.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Town and Country Planning Act 1990, Sections 198–214 (Tree Preservation Orders) — legislation.gov.uk
• Town and Country Planning (Tree Preservation)(England) Regulations 2012 — legislation.gov.uk
• Anti-social Behaviour Act 2003, Part 8 (High Hedges) — legislation.gov.uk
• Building Research Establishment — Digest 298: The influence of trees on house foundations in clay soils
• Misrepresentation Act 1967 — legislation.gov.uk
• Consumer Protection from Unfair Trading Regulations 2008 — legislation.gov.uk
• Royal Institution of Chartered Surveyors (RICS) — Subsidence damage to domestic buildings: a good practice guide
• GOV.UK — Tree preservation orders and trees in conservation areas

Frequently asked questions