Managing tree risks on your land
What the law says
According to the Occupiers’ Liability Act a tree owner or manager owes a duty of care to remove foreseeable risk of injury to visitors and trespassers on their land. If a visitor or trespasser is injured by a falling tree or branch, and was on the land at time of injury, the tree owner may be negligent if they haven’t taken reasonable care to manage the risk.
Under civil law the duty of care is to take reasonable steps to minimise the risk of injury to persons or property. In the event of a legal claim, courts will consider whether the frequency and type of inspection was proportionate to the risk posed and if the person carrying out the inspection was suitably qualified to identify signs of decay or other defects.
The National Tree Safety Group’s publication, ‘Common sense risk management of trees’ sets out the legal framework and is available for free from the National Tree Safety Group's publications page.
The Hazards from Trees Practice Guide covers risk assessments, tree inspection guidance and responsibilities pertaining to wildlife regulations.
Felling trees
As a last resort a tree or number of trees may need to be felled in order to remove a hazard. When felling trees be mindful of felling licence rules in accordance with the Forestry Act 1967. Specifically, consider how many trees you are felling at one time and how urgent the works are, as the Forestry Commission may consider them to be licensable.
Although exemptions exist for dead and dangerous trees, the legislation states that
“The danger exception could be said to apply only where there is an immediate risk of serious harm and urgent work is needed to remove the risk.”
See Tree felling: getting permission (GOV.UK) for more information.
Working on trees (including felling, removing fallen trees and other maintenance)
Before you undertake any works including felling, removing fallen trees or pruning to maintain the tree, there are a number of things you need to have considered, namely:
- If a Tree Preservation Order (TPO) exists. A TPO prohibits cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of trees without a local planning authority’s written consent. Contact your local planning authority (i.e. district council) to check whether any trees are subject to TPOs.
- If there are any constraints that may exist on your land, which means you need to consult with statutory bodies before working on your trees. For example, Sites of Special Scientific Interest and Special Areas of Conservation require permission from Natural England. This list is not exhaustive. You can check these constraints using the Forestry Commission Map Browser.
- How you will satisfy requirements set out by the Wildlife and Countryside Act 1981 that protects rare or endangered plants, wild birds, bats and other animals, with differing levels of protection according to their needs. The Conservation of Habitats and Species Regulations 2017 also protect a range of plants and animals. See the Managing and protecting woodland wildlife guidance on GOV.UK for more information.
Sourcing an accredited arborist
If you decide that your trees require a condition assessment and/ or remedial works, the Arboricultural Association holds a directory of ARB Approved contractors. Using accredited contractors ensures they have been thoroughly assessed in tree work and health and safety. The Institute of Chartered Foresters also holds a directory of chartered practitioners.
Grant support
In the event that you have to fell trees to mitigate a hazard, you may be legally obliged to restock your land. Funding may be available to support this along with traffic management costs, tree surveys and agents’ fees. See Grants for restocking trees - GOV.UK for more information.
Further online guidance
For information about trees on or near the public highway visit Trees on private land - Staffordshire County Council.
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