Understanding tree preservation orders (TPOs) when buying a property

This article explores the background of tree preservation orders (TPOs) and the implications for homeowners. If you are considering buying a property affected by a TPO, our conveyancing solicitors can provide tailored advice. 

What are tree preservation orders?

Tree preservation orders are legal protections instituted by local planning authorities to safeguard trees with significant amenity value. These orders prohibit the felling, uprooting, topping, lopping, or otherwise damaging designated trees without prior permission.

TPOs emerged in the early 20th century to combat tree loss from urban development. Formal recognition began with the Town and Country Planning Act 1947, empowering authorities to protect trees. Subsequent legislation, notably the Town and Country Planning Act 1971, cemented TPOs' role in preserving valuable trees.

TPOs are now governed by the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation)(England) Regulations 2012. These regulations empower local councils to designate TPOs to protect trees deemed valuable to the local environment.

How common are tree preservation orders?

Across the country, hundreds of thousands of TPOs are in place, covering a wide range of trees in rural, urban, and suburban areas - including many located in the gardens of residential properties. 

A famous example in London is a sprawling black mulberry tree hidden in a garden at Canonbury Place, Islington. The tree, located on a private residential property behind Canonbury Tower, is believed to be between 400 and 500 years old, placing it in the ranks of the oldest surviving mulberries anywhere in England. Sir Francis Bacon is rumoured to have planted the tree, although many believe this to be a tall tale.

From the Royal Oak at Boscobel House to Newton's Apple Tree, numerous other trees protected by TPOs boast a rich history intertwined with the lives of famous historical figures but most quietly thrive, their origins shrouded in obscurity.

Key considerations when buying a property with a TPO

When buying a property with TPO-protected trees, you should be mindful of several key considerations:

• Identification of TPO: Verify whether the property is subject to a TPO and understand the restrictions imposed.
  
   
• Permission process: Acknowledge that obtaining permission for tree work, such as pruning or removal, may entail a protracted process.
  
   
• Impact on development: Consider the potential impact of the protected trees on future development plans for the property.

While TPOs can enhance a property's aesthetic and environmental appeal, they may also impose limitations and responsibilities that could affect its market value.

The good news is that TPOs typically emerge via the Local Authority Search during the conveyancing process. These searches uncover any legal restrictions or obligations associated with the property, including TPOs, to ensure buyers make informed decisions.

Tree owners' responsibilities

If you buy a property with TPO-protected trees, you are responsible for their care and maintenance. The responsibilities include seeking consent for any work affecting the trees' health or structure.

If intending to work on a tree covered by a TPO, you must apply for consent from the local planning authority, with detailed plans outlining the proposed work and justifying its necessity.

Breaching a TPO can result in severe penalties, including fines of up to £20,000 per tree and potential restoration requirements. Adhering to TPO regulations is crucial to avoid legal repercussions.

Further reading: Tree preservation orders and trees in conservation areas.

Contact our conveyancing solicitors

While TPOs may seem daunting initially, they should not deter you from buying a property with beautiful trees. Our experienced conveyancing solicitors are here to provide expert guidance and support throughout the process, ensuring a smooth and successful property transaction.

Contact our conveyancing team today for personalised assistance and tailored property purchasing advice. Don't let TPOs stand in the way of your dream home – we're here to help you every step of the way.

We have conveyancing solicitors in London, Brighton, Eastbourne, Hastings, Uckfield, and Ulverston, and we work with clients nationwide.