What is a TPO on trees?

A TPO, or Tree Preservation Order, is a legal protection placed on a tree or group of trees by a local planning authority to prevent them from being cut down, damaged, or altered without permission. Once a TPO is in place, any pruning, felling, topping, lopping, or root cutting requires formal approval from the local council before any work can begin.

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How Long Does a TPO Last on a Tree?

When a Tree Preservation Order is first issued, it enters a provisional period lasting up to six months. During this window, the order can be confirmed, modified, or allowed to lapse entirely. If no objections are raised and the council is satisfied that protection is warranted, the TPO becomes permanent after this six-month period.

A permanent TPO has no expiry date. It stays with the tree indefinitely and, importantly, it stays with the land rather than the owner. This means that if a property is sold, the TPO transfers automatically to the new owner. The new owner takes on full responsibility for compliance, whether or not they were aware of the order when purchasing the property.

It is worth noting that a TPO can be modified or revoked by the council at any time if circumstances change significantly, though this is relatively rare. In most cases, once confirmed, a TPO remains in force for the lifetime of the tree.

Stage	Timeframe	What Happens
Provisional TPO issued	Day 1	Immediate provisional protection begins
Objection window	Within 28 days	Neighbours and interested parties can object
Confirmation or lapse	Up to 6 months	Council decides to confirm or revoke
Permanent TPO	After 6 months	No expiry date, transfers with land ownership
Emergency TPO	Immediate	Can be issued same-day if a tree is at imminent risk

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How Do I Know if a Tree Has a TPO on It?

Finding out whether a specific tree is protected is more straightforward than many people realise. The most reliable starting point is your local planning authority, which is typically your local council. Every council in England is required to keep a record of all TPOs within their area, and many now publish this information digitally.

Most councils have an online interactive map or GIS planning portal where you can search by address or postcode and view any overlaid TPO areas. These maps usually show both the canopy coverage and the trunk location of protected trees. If your council does not have an online map, you can contact the planning department directly and ask for a search of the Land Charges Register, which will show any registered TPOs attached to a property.

It is also worth checking whether a tree falls within a designated conservation area, even if no individual TPO is recorded. Trees within conservation areas carry similar restrictions, meaning six weeks notice must be given to the council before any works are carried out, even without a formal order in place. If the council objects or a third party raises concerns during that notice period, a TPO can be placed on the tree at that point.

Method	How to Use It	Best For
Council online mapping portal	Search by address or postcode	Quick checks from home
Land Charges Register	Request from Local Authority Planning	Formal property searches
Conservation area maps	Available via council planning department	Checking area-wide tree protections
Contact tree officer directly	Phone or email your local council	Complex queries or unclear situations
Government TPO search tools	Search GOV.UK planning resources	General guidance and national records

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Looking for some help with TPO-related questions or issues? Speak with a member of our Professional TPO experts here

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What Happens if a Tree With a TPO Dies?

A common misconception is that a TPO automatically becomes void once a tree dies. This is not the case. Even if a tree protected by a TPO dies naturally, the landowner still has responsibilities under the order and should not simply remove the tree without notifying the council.

When a TPO-protected tree dies or becomes so dangerous that it poses a risk to people or property, the landowner must give the council at least five working days notice before carrying out any works. In a genuine emergency where the tree presents an immediate hazard, works can begin without prior notice, but the council must be informed as soon as reasonably possible after the event. It is strongly advisable to photograph the condition of the tree and gather any relevant documentation before works take place in case questions are raised later.

The more significant point is what happens after the tree is removed. When a protected tree is felled, whether due to death, disease, or danger, the landowner takes on a legal duty to plant a replacement. The replacement tree must be of an appropriate species and size and must be planted in the same location as soon as is reasonably practicable. Once planted, the replacement is automatically covered by the original TPO, regardless of the new species chosen. The council will typically update the order to reflect any minor changes to the precise location or species recorded.

Key Responsibilities When a TPO Tree Dies:

• Give at least 5 working days notice to the council before removal in non-emergency situations
• In a genuine emergency, inform the council as soon as possible after works are completed
• Document the tree’s condition with photographs before any works begin
• Replace the tree with an appropriate species in the same location
• The replacement tree is automatically covered by the original TPO

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Can You Get Rid of a Tree With a TPO?

This is one of the most frequently asked questions around Tree Preservation Orders, and the answer is yes, but not without going through the proper channels. A TPO does not make a tree completely untouchable. It simply means that formal permission must be obtained from the local planning authority before any significant works, including removal, can take place.

To apply for permission to fell or significantly alter a TPO-protected tree, a formal application must be submitted to the council. This application is typically assessed by the council’s tree officer, who will consider the condition of the tree, its amenity value, the reason given for the works, and whether less drastic management options might be appropriate. There is no application fee for this process in England, and the council is required to determine the application within eight weeks.

Grounds that are likely to support a successful application include evidence that the tree is dead, dying, or poses a clear and demonstrable safety risk. Applications based purely on personal preference, inconvenience, or aesthetic reasons are far less likely to succeed. If the council refuses permission, the applicant has the right to appeal to the Planning Inspectorate.

One important exception to note is where planning permission has been granted for a development on a site that includes a TPO-protected tree. In these cases, the planning permission takes precedence over the TPO, meaning the tree can be removed to facilitate the development. However, the council would still have considered the tree’s presence when assessing the planning application, and replacement planting is typically required as a condition.

Realistic Grounds for TPO Removal Applications:

• Tree is confirmed dead, dying, or severely diseased
• Tree presents a genuine and evidenced safety risk to people or property
• Approved development requires removal and planning permission is already in place
• Root damage causing significant structural problems to buildings

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Final Thoughts On What is a TPO on Trees?

Tree Preservation Orders exist to protect trees that contribute meaningfully to the local environment, landscape, and community. They are not bureaucratic obstacles placed arbitrarily on trees that happen to be large or old. Councils use TPOs to safeguard trees that have real amenity value, historical significance, ecological importance, or contribute to the character of a neighbourhood. Understanding how they work helps both landowners and residents engage with the process constructively rather than feeling caught off guard.

For landowners, the most important takeaway is that a TPO does not remove your responsibility for the tree. You remain liable for its upkeep, for any safety risks it may present, and for obtaining proper permission before any works take place. The process for applying for permission is not as burdensome as many people assume. Applications are free in England, the council has a clear timeline to respond, and a qualified arboriculturist can help you present a strong case if the works are genuinely necessary.

For anyone looking to protect a tree in their area, knowing that emergency TPOs can be issued quickly is reassuring. If a tree is at imminent risk of removal or damage, contacting the council tree officer directly and clearly explaining the urgency gives the local authority the best chance of acting swiftly. Community involvement, including encouraging others to contact the council and raise objections to applications, can also make a real difference in whether a much-loved local tree is retained.