We have just passed National Tree Week, beginning on 22 November 2025, celebrating and promoting the wonder of the United Kingdom’s tree life. In her latest insight, Commercial Property   Consultant Solicitor, Philippa Shire, explores tree protection in the UK, landlord responsibilities for trees, and biodiversity and planning regulations connected to legal obligations as property owners, developers, and investors.

National Tree Week: A Celebration with Legal and Environmental Roots

Now in its 50th year, National Tree Week marks the start of the winter tree planting season. At this time of year, young trees are dormant and therefore experience the least stress when being placed in their new homes. This gives them the best chance of thriving into maturity, bringing vital wellbeing, biodiversity, and environmental benefits.

A single British oak tree can support more than 2,000 species of plant and fungal life. Trees also act as carbon stocks and sinks, removing CO₂ from the atmosphere. The ecological and social importance of trees is clear, but what about their legal protection?

Understanding Tree Protection Laws in the UK

There is a wide range of legislation and policy considerations governing the management and protection of trees across the UK. These laws touch on planning, conservation, forestry management rights (such as tree felling), and broader environmental protection measures.

Important pieces of legislation include the Wildlife and Countryside Act 1981, which allows for Tree Preservation Orders (TPOs) to protect individual trees, groups of trees, or woodlands considered important to the local environment. Cutting down, topping, lopping, uprooting, or wilfully damaging a protected tree without consent can lead to substantial fines and enforcement action.

In addition, broader planning and conservation laws set out minimum biodiversity and conservation requirements, including those protecting vulnerable or endangered species. Local authorities often require ecological assessments before approving development, especially where trees may provide habitats for protected wildlife.

Landlords' Responsibilities for Trees on Their Property

For landlords and property owners, tree management is more than a matter of aesthetics; it’s a legal obligation. Under common law, landlords owe a duty of care to ensure that trees on their property do not pose a risk to tenants, neighbouring land, or the public.

Regular inspections and maintenance are essential. Landlords may be held liable if a tree causes injury or damage and they were aware (or should reasonably have been aware) of its condition. This includes cases of overhanging branches, falling limbs, or root damage affecting neighbouring land or structures.

Where Tree Preservation Orders are in place, landlords must seek local authority permission before carrying out pruning or removal. Failure to do so can result in criminal liability. In addition, landlords should be mindful of boundary disputes caused by trees, particularly when roots or branches encroach onto neighbouring properties.

If roots damage foundations or pavements, or if branches obstruct light, disputes can escalate quickly. In such cases, landlords should seek specialist legal advice to clarify their responsibilities and rights under property and environmental law.

Boundary Disputes Caused by Trees: A Growing Issue

Boundary disputes arising from trees are among the most common neighbour disagreements in the UK. Whether the issue involves encroaching roots, overhanging branches, or disputes about ownership, understanding your legal position is essential.

While common law allows a neighbour to trim encroaching branches up to the boundary line, they cannot trespass onto another’s land or damage a tree protected by a TPO. Moreover, the arisings (branches or fruit) technically belong to the tree’s owner and must be offered back.

For landlords and property owners, these issues often sit at the intersection of property, environmental, and planning law. Taking legal advice early can prevent small disagreements from turning into costly disputes, especially where structural damage or alleged nuisance is involved.

Biodiversity and Planning Regulations in the UK

As environmental policy evolves, UK biodiversity and planning regulations are becoming increasingly significant for property owners and developers.

Recent updates to planning frameworks mean that biodiversity net gain, the requirement to leave habitats in a measurably better state than before development, is now a legal requirement for most developments in England. Developers must consider trees, hedgerows, and green spaces within their biodiversity strategies and ensure compliance with local authority expectations.

Many institutional investors also set voluntary biodiversity targets. These targets can cascade through development agreements, meaning landlords and sometimes tenants must comply with and report on biodiversity performance. With upcoming UK sustainability standards, tree management and ecological protection will become increasingly linked to corporate responsibility and compliance.

The Connection Between Law, Policy and Our Emotional Relationship with Trees

At Woodstock Legal Services, we operate daily within these policy and regulatory frameworks, but like everyone else, we also live with trees in our everyday lives. They line our gardens, parks, fields, and streets, forming a constant and calming presence.

This emotional connection is not separate from law and policy; it underpins why these regulations exist. As wildlife photographer Vincent Munier reflects in his documentary Whispers in the Woods, “You cannot mingle long with trees and not become merged with them.” His message captures the essence of National Tree Week, a moment to celebrate our natural surroundings while acknowledging the practical measures that ensure trees are protected for generations to come.

How Property Owners and Landlords Can Participate in National Tree Week

National Tree Week is an opportunity not only to plant trees but to understand how the legal framework supports their management and protection.

Property owners, developers, and landlords can take part by:

• Reviewing their tree management and maintenance plans.
• Checking whether trees on their land are subject to Tree Preservation Orders.
• Considering biodiversity enhancement measures on their sites.
• Seeking legal advice before making alterations that might affect protected trees or habitats.

Participation goes beyond celebration; it’s about recognising that tree protection in the UK is both an environmental and legal responsibility.

Specialist Advice from Woodstock Legal Services

If you are a landlord, property owner, or developer seeking advice on tree protection laws, landlord responsibilities for trees, or boundary disputes caused by trees, our team can help.

Contact Philippa Shire, Commercial Property Consultant Solicitor at Woodstock Legal Services, for expert guidance on tree-related property and environmental matters.

Email: p.shire@woodstocklegalservices.co.uk or complete the contact form below to speak with a member of our specialist team.