Avoiding Tree Removal Errors How to Determine if a Tree is Protected

Posted by The Hills Tree Removal on 7 Mar 2026

Trees play a crucial role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to carry out any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree being considered, and what steps you’ll need to follow to be in compliance with the legal requirements. The following article we’ll walk you through the steps to determine if a tree is safe and exactly what steps you need be doing to make sure you are acting within the law.

What is a protected tree?

A protected tree is one that has been subjected to certain laws and regulations It is illegal to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that a tree might have: preservation orders and protection orders.

Protection under the law

As a matter of the law trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any kind of work, including felling.

How do I know whether a tree is safe?

To determine whether the tree is protected, you will need to verify if it’s subject to a TPO or preservation order. It is done by contacting the municipal authority, and asking them to search their records.

To search for the TPO, you can contact an Tree and Woodland Officer at the local authority. They can inform you whether the tree is in the protection. They’ll also be able advise you on the next steps to do if your tree is protected.

To search for a preservation permit, you will need to contact the Secretary of State for the Environment. They can determine whether the tree is protected and will provide the necessary information and guidance.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you carry out work on a tree that is protected without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.

Can I contest a TPO or preservation order?

Yes, you can appeal to a TPO or preservation decision if you feel that it is not justified. However, you will need be able to present evidence to back your claim and explain why it is not necessary to appeal the TPO or order to preserve is not necessary.

Can I remove a protected tree?

It is unlawful to take down protected trees without the necessary permissions. If you need the tree to be removed it is necessary to apply for permission and provide evidence to support your case.

Conclusion

To conclude, knowing if the tree is protected is an essential aspect in ensuring that any tree work is carried out legally. By understanding the different types of protection and how to identify them to ensure you’re in compliance with the law and safeguarding the trees that you are responsible for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert, such as The Hills Tree Removal. Our arborists are experienced and will be able to inform you on the protection status of your trees and guide you through the necessary steps to make sure you’re acting within the legal guidelines. With our expertise and commitment to providing top-quality tree care, we can help you maintain the beauty and value that your trees have. Call us now by phone at 0480 024 203 to schedule a appointment, and let us help you keep your trees safe and healthy.

With the appropriate tools and qualified professionals you can feel safe knowing your property will be left undamaged and clean after the project is finished.
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