If you’ve got a tree in your garden that’s outgrown its space, is blocking light, or has become a safety concern, your first thought might be to have it removed. But before anyone reaches for a chainsaw, it’s important to understand the rules. Depending on the tree and where your property is located, you may need formal permission before any work can go ahead — and getting it wrong can lead to serious fines.
At MJC Tree Surgeons, we regularly help homeowners across Southampton to navigate these questions. Keep reading to learn when you do and don’t need permission, what Tree Preservation Orders and Conservation Areas mean for you, what penalties apply for illegal felling, and when it’s worth considering alternatives to full removal.
Can You Cut Down a Tree in Your Own Garden Without Permission?
If you own your home, you generally don’t need permission to fell a tree that sits entirely within your garden — provided it isn’t protected. A tree in a private garden is also exempt from the felling licence requirements that apply to trees on other types of land, so you won’t need to apply to the Forestry Commission.
However, there are two key exceptions. You will need permission if the tree is:
- Subject to a Tree Preservation Order (TPO). A TPO is a legal order placed by your local planning authority to protect specific trees or groups of trees. Cutting down, uprooting or wilfully destroying a tree protected by a TPO without consent is a criminal offence.
- Within a Conservation Area. Trees in Conservation Areas are afforded additional protection, even without an individual TPO. You must notify your local planning authority at least six weeks before carrying out any work, including felling.
If you’re unsure about the status of any tree on your property, your local council can tell you whether a TPO or Conservation Area designation applies. Many councils also provide this information through online planning portals.
What Is a Tree Preservation Order?
A Tree Preservation Order is a written order made by a local planning authority to protect specific trees, groups of trees, or entire woodland areas. TPOs are typically placed on trees that have amenity value — meaning they contribute positively to the appearance or character of an area and are valued by the wider public.
Once a TPO is in place, you must submit a formal application to your local planning authority before carrying out any pruning, felling or other work to the protected tree. That application is then subject to a consultation period, during which neighbours and other members of the public can submit comments or objections.
Any member of the public can ask their local council to place a TPO on a tree they believe has amenity value and is at risk. In urgent cases, councils can place an emergency TPO to prevent a tree from being felled while they investigate further. To find out whether a tree on your property already has a TPO, contact your local planning authority directly — they hold the register of all orders in their area.
What About Trees in a Conservation Area?
Local planning authorities can designate Conservation Areas to protect the character and appearance of areas with particular architectural or historic interest. Trees within these areas are protected, and you’re required to notify your local planning authority six weeks before carrying out any felling, topping, lopping or uprooting work — even if the tree doesn’t have its own individual TPO.
This notification period gives the council time to assess whether the tree warrants further protection, and they may choose to place a TPO on it before the six weeks are up.
There are limited exemptions. Work can generally go ahead without notification if it involves:
- Cutting down, topping, lopping or uprooting a tree with a trunk diameter of less than 75mm (measured at 1.5 metres above ground level).
- Removing a tree with a trunk diameter of less than 100mm where the purpose is to improve the growth of neighbouring trees.
If a tree has a TPO and sits within a Conservation Area, the TPO takes precedence, and the full TPO application process must be followed.
Do You Need a Felling Licence for a Garden Tree?
In most cases, no. Trees in private gardens are specifically exempt from the felling licence requirements set out in the Forestry Act 1967. Felling licences are generally only needed outside of gardens — for instance, on agricultural land, in woodland, or on other privately owned land where the volume of timber exceeds 5 cubic metres in any calendar quarter.
If your tree is within the boundary of your domestic garden and isn’t subject to a TPO or within a Conservation Area, you’re free to have it removed without a licence. That said, the work still needs to be carried out safely, and you remain liable for any injury or damage caused during the process — for example, if a tree falls in an unexpected direction and damages a neighbour’s property.
What Are the Rules on Neighbours’ Trees and Overhanging Branches?
If a neighbour’s tree has branches overhanging into your garden, you have the legal right to cut those branches back to the boundary line. However, there are important points to keep in mind:
- The tree still belongs to your neighbour. You should offer the cuttings back to them, as the cut material is technically their property.
- You must not trespass onto their land to carry out the work.
- If the tree is protected by a TPO, you’ll need to contact your local planning authority before cutting back any branches, even those overhanging your side.
- Any damage caused during the work is your liability, so it’s sensible to use a qualified tree surgeon with appropriate insurance.
You cannot compel a neighbour to cut their tree down, even if it’s causing problems such as blocking light or dropping leaves. Where a tree is causing damage to your property, the situation may become a legal matter, but this is separate from planning regulations around felling.
Can You Fell a Tree During Bird Nesting Season?
Under the Wildlife and Countryside Act 1981, it’s illegal to intentionally damage or destroy the nest of any wild bird while it’s in use or being built. The bird nesting season in the UK typically runs from March to August, though some species may nest outside this window.
This doesn’t mean tree work is automatically prohibited during these months, but precautions must be taken. Before any felling or significant pruning, the tree should be checked for active nests. If nesting birds are found, work must be delayed until the young have fledged and the nest is no longer in use. A professional tree surgeon will carry out this kind of assessment as standard before starting any job.
What Happens If You Cut Down a Protected Tree Without Permission?
The penalties for unauthorised work on protected trees are significant. If you cut down, uproot, or wilfully destroy a tree subject to a TPO or within a Conservation Area without proper consent, you could face:
- Fines of up to £20,000.
- Unlimited fines if the case is escalated to the Crown Court for serious offences.
- A legal requirement to replace the tree, usually with an appropriate species agreed with the local planning authority.
Get in Touch with MJC Tree Surgeons
If you’re thinking about removing a tree from your garden and aren’t sure where you stand, MJC Tree Surgeons can help. With over 30 years of hands-on arboricultural experience, our team handles everything from straightforward garden tree felling to TPO applications and tree hazard evaluations.
All our work is carried out to British Standard BS3998:2010, and our team holds City & Guilds NPTC certifications. We’re fully insured, including Public Liability, Employers’ Liability and Professional Indemnity, and we recycle up to 97% of all natural materials we collect.
We offer free, no-obligation quotes and are always happy to discuss your requirements. Whether you’re in Southampton, Botley, Romsey, Winchester or anywhere across Hampshire, get in touch today. Our team of trusted, experienced tree surgeons are ready to help—from routine maintenance to emergency services.
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