Tree Preservation Orders: What Sellers Need to Disclose

A tree preservation order (TPO) is one of those details that sellers sometimes overlook when preparing their property for sale. Unlike planning restrictions on the building itself, a TPO applies to specific trees on or near your land and limits what work you can carry out without the council's permission. If you are selling a property with protected trees, you need to understand your disclosure obligations, the restrictions the TPO places on you and the buyer, and how to handle any concerns that arise during the transaction.

This guide covers everything a seller needs to know about tree preservation orders, from the legal framework to the practical steps you should take before listing your property.

What is a tree preservation order?

A tree preservation order is a legal order made by a local planning authority under Part VIII of the Town and Country Planning Act 1990 (sections 197 to 214). It prohibits the cutting down, uprooting, topping, lopping, wilful damage, or wilful destruction of the trees it protects, unless the local authority has given its written consent.

The detailed procedural rules are set out in the Town and Country Planning (Tree Preservation)(England) Regulations 2012, which replaced earlier regulations and standardised the process across England. Wales has its own equivalent regulations, though the principles are very similar.

Local planning authorities can make a TPO if it appears to them that it is expedient in the interests of amenity to protect the trees in question. In practice, this means councils protect trees that contribute to the visual character and attractiveness of an area. A TPO can cover:

• Individual trees — a single specimen identified by species, location, and sometimes a tag number
• Groups of trees — a cluster of trees that have collective amenity value as a group
• Areas of trees — all trees within a defined area, including any planted in the future
• Woodlands — all trees within a defined woodland, with a duty to replace any that are removed

A TPO takes effect immediately upon being made and remains in force indefinitely unless the council formally revokes it. This means that a TPO made decades ago will still apply to your property today and will continue to apply after you sell.

How to check whether your property has a TPO

Before you list your property for sale, you should establish whether any trees on or adjacent to your land are protected. There are several ways to do this:

• Council TPO register. Every local planning authority is required to maintain a register of all tree preservation orders in its area. Many councils publish this register online through interactive mapping tools on their planning pages. You can search by your address or postcode to see whether any TPOs apply.
• Contact the council's tree officer. If the online register is unclear or unavailable, you can telephone or email the council's planning department and ask to speak to the tree officer (sometimes called the arboricultural officer). They can confirm whether any TPOs affect your property and provide copies of the relevant orders.
• Local authority search. The standard local authority search (LLC1 and CON29R) ordered during conveyancing will reveal any TPOs. However, if you want to know before you list, checking the register yourself or calling the council is faster.
• Your title deeds. Occasionally, TPOs are noted on the title register at HM Land Registry, though this is not guaranteed. The TPO register held by the council is the definitive source.

If your property is in a conservation area, you should be aware that all trees with a trunk diameter of 75mm or more (measured at 1.5 metres above ground level) are automatically protected by the conservation area designation. This applies even if there is no specific TPO on those trees. You must give the council six weeks' notice before carrying out any work on trees in a conservation area.

What you must disclose when selling

Sellers in England and Wales have a legal and contractual obligation to disclose tree preservation orders as part of the conveyancing process. There are two main mechanisms through which TPOs are revealed to the buyer:

The TA6 Property Information Form

The TA6 form is the standard property information questionnaire completed by every seller. It includes specific questions about rights and informal arrangements, environmental matters, and planning issues. You must disclose any tree preservation orders that you are aware of. The relevant sections ask about matters that affect the property, and a TPO falls squarely within this scope.

You should answer honestly and completely. If you know about a TPO and fail to disclose it, the buyer could bring a claim for misrepresentation after completion, particularly if they relied on your answers when deciding to purchase. The principle is straightforward: if you know about it, you must declare it.

The local authority search

Regardless of what you disclose on the TA6, any TPOs affecting your property will be revealed by the local authority search that the buyer's solicitor orders as a standard part of conveyancing. The CON29R (required enquiries of the local authority) specifically asks about tree preservation orders, and the result will confirm whether a TPO exists and typically identify which trees are covered. This provides an independent check, but it does not relieve you of your obligation to disclose what you know on the TA6.

For a full list of the documents you need when selling, see our dedicated guide.

Penalties for breaching a TPO

The penalties for carrying out unauthorised work on a protected tree are severe. Under section 210 of the Town and Country Planning Act 1990:

• Destroying a protected tree (cutting it down, uprooting it, or wilfully destroying it) carries a maximum fine of £20,000 in the magistrates' court. If the case is referred to the Crown Court, the fine is unlimited.
• Other unauthorised work (such as excessive pruning, topping, or lopping without consent) carries a maximum fine of £2,500 in the magistrates' court.

The courts are directed to have regard to any financial benefit that the offender gained or expected to gain from the offence. This means that if a seller removes a protected tree to increase a property's development potential, the fine could reflect that expected gain — potentially running into tens of thousands of pounds.

In addition to fines, there is a duty to replace any tree that is removed, uprooted, or destroyed in contravention of a TPO. The replacement tree must be of an appropriate size and species, planted in the same position, and is automatically protected by the same TPO. Failure to replant can result in further enforcement action.

These penalties apply to anyone who carries out the work or causes or permits it to be done. As the property owner, you could be liable even if you instructed a tree surgeon to do the work.

What work needs consent and what is exempt

Not all work on a TPO tree requires the council's consent. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 set out a number of exemptions:

Work that requires consent

• Cutting down or removing a protected tree
• Significant pruning, including crown reduction or crown lifting
• Topping or lopping (reducing the height or spread of the tree)
• Root pruning where it could damage the tree's health
• Any work that could lead to the tree's destruction

To obtain consent, you submit an application to your local planning authority. The application is free of charge. The council has eight weeks to determine it and may grant consent unconditionally, grant consent subject to conditions (such as planting a replacement tree), or refuse the application. If the council does not respond within eight weeks, you can appeal to the Planning Inspectorate.

Exempt work

• Dead trees. You can remove a tree that is dead without consent, but you must give the council five working days' written notice before doing so (unless it poses an immediate danger). The council may want to verify that the tree is indeed dead before you remove it. A duty to replant still applies.
• Dead branches. Removing dead wood from a living tree is exempt and does not require notice.
• Dangerous trees. Work that is urgently necessary to remove an immediate risk of serious harm to persons or property is exempt. However, you should only carry out the minimum work necessary to make the tree safe, and you must notify the council as soon as practicable afterwards.
• Statutory obligations. Work required by other legislation, such as maintaining sight lines under the Highways Act 1980, is exempt.
• Planning permission. If you have a full planning permission that specifically authorises the removal of the tree, the TPO does not prevent you from carrying out that work.

How TPOs affect property value

One of the most common concerns sellers have about TPOs is whether they reduce the value of the property. In most cases, the answer is no — and they may actually add value.

Mature trees contribute positively to the setting and character of a property. Research published by the Forestry Commission has indicated that mature trees can add between 5% and 18% to residential property values, depending on the size, species, and position of the tree. A well-maintained oak, beech, or cedar in a front garden or bordering the property can be a genuine selling point.

However, there are situations where a protected tree could be a concern for buyers:

• Light and outlook. A large tree very close to the house may block natural light or obscure views. If the TPO prevents significant pruning, some buyers may see this as a drawback.
• Development potential. If the buyer intends to extend the property or develop the garden, a TPO tree in the wrong position could restrict what is possible. Checking planning permissions before selling can help you understand and communicate any limitations.
• Root damage and subsidence. Trees with extensive root systems, particularly species like willows and oaks on clay soils, can cause or contribute to subsidence. A buyer's surveyor may flag this risk, particularly if there are visible signs of movement in the building.
• Leaf drop and maintenance. Large deciduous trees create seasonal maintenance requirements. While this is rarely a deal-breaker, it may feature in a buyer's assessment of the property.

On balance, a TPO tree is far more likely to be an asset than a liability. If a buyer raises concerns, you can point out that the council will consider reasonable applications for necessary work, and that the tree has been deemed worthy of protection precisely because it contributes to the area's character.

Dealing with buyer concerns about roots and subsidence

Subsidence caused by tree roots is one of the most common specific concerns buyers raise about TPO trees. It is important to handle this issue factually and calmly during the sale process.

The key points to understand are:

• Not all trees cause subsidence. Subsidence risk depends on the tree species, its size and proximity to the building, the soil type (clay soils are most susceptible to shrinkage), and the depth of the foundations.
• Consent for remedial work is usually granted. If a protected tree is genuinely causing structural damage, the local authority will normally grant consent for the necessary work. You will need to provide evidence, such as a structural engineer's report, root identification analysis (typically to species level), and level monitoring data.
• Insurance covers subsidence. Buildings insurance policies in England and Wales typically cover subsidence damage. If subsidence has occurred in the past and been resolved, you must disclose this on the TA6 form.
• Proactive management helps. Regular crown reduction (with TPO consent) can significantly reduce the moisture demand of a tree, which is the mechanism by which tree roots cause clay soil shrinkage. If you have been managing the tree in this way, share this information with the buyer.

If subsidence is a live issue on your property, you should obtain a professional assessment before listing and be transparent about the situation in your TA6 disclosure. Trying to conceal a subsidence history is both legally risky and likely to be uncovered by the buyer's surveyor or insurer.

How to apply for works to a protected tree

If you need to carry out work on a protected tree — whether to address a specific problem or simply to maintain it — the application process is straightforward:

1. Identify the work needed. Be specific about what you want to do (for example, “reduce the crown by 2 metres” or “remove the tree and replant with a native species”). Vague applications are more likely to be refused.
2. Submit the application. Applications are made to your local planning authority, usually through the Planning Portal (planningportal.co.uk). There is no fee.
3. Provide a reason. Explain why the work is necessary. If the tree is causing structural damage, include supporting evidence from a qualified arboriculturist or structural engineer.
4. Wait for the decision. The council has eight weeks to determine the application. They may consult neighbours and their own tree officer before deciding.
5. Comply with conditions. If consent is granted with conditions (such as replanting or limiting the extent of pruning), you must follow them. Non-compliance is treated as unauthorised work.

If your application is refused, you have the right to appeal to the Planning Inspectorate within 28 days. If the council fails to determine the application within eight weeks, you can also appeal against non-determination.

TPOs and conservation areas: understanding the overlap

If your property is in a conservation area, there is an additional layer of tree protection that applies independently of any specific TPO. Under section 211 of the Town and Country Planning Act 1990, anyone proposing to cut down or carry out work on a tree in a conservation area must give the local planning authority six weeks' notice (known as a “section 211 notice”).

This applies to all trees with a trunk diameter of 75mm or more at 1.5 metres above ground. During the six-week notice period, the council can either allow the work to proceed or make a TPO on the tree to provide permanent protection. If the council does nothing within six weeks, you can carry out the work.

The penalties for carrying out unauthorised work on trees in a conservation area are the same as for breaching a TPO. If your property is in a conservation area, make sure you understand both sets of restrictions and disclose them fully to your buyer.

Practical steps for sellers with TPO trees

If your property has trees protected by a TPO, here is a practical checklist to follow before and during the sale:

1. Check the council's TPO register or contact the tree officer to confirm exactly which trees are covered and what type of TPO applies
2. Disclose the TPO fully on the TA6 Property Information Form — include the TPO reference number if you have it
3. Gather any documentation you have about the trees, including previous applications for work, consent letters from the council, and any arboricultural reports
4. If you have carried out work on the trees, make sure it was done with consent and keep copies of the approval
5. If a tree is dead or in poor condition, obtain a written assessment from a qualified arboriculturist before taking any action
6. Be prepared to answer buyer enquiries about the trees factually — your solicitor can help you frame responses appropriately
7. Consider obtaining an arboricultural survey if the trees are large, close to the house, or if subsidence is a potential concern — having this ready can pre-empt delays caused by buyer enquiries

Sources

• Town and Country Planning Act 1990, Part VIII (sections 197–214) — legislation.gov.uk
• Town and Country Planning (Tree Preservation)(England) Regulations 2012 (SI 2012/605) — legislation.gov.uk
• Ministry of Housing, Communities & Local Government — Tree Preservation Orders and Trees in Conservation Areas (planning practice guidance), GOV.UK
• Forestry Commission — The Value of Trees (research on the impact of trees on property values)
• Law Society — Property Information Form (TA6), 4th edition, 2020
• HM Land Registry — Practice Guide 66: Tree Preservation Orders
• Planning Portal — Tree Preservation Orders: guidance for applicants (planningportal.co.uk)

Frequently asked questions