Removing a tree without checking first is one of the costliest mistakes a London homeowner can make. It doesn’t matter whether the tree was an eyesore, blocking light, or simply in the way of a new patio. If that tree was protected, the council can prosecute, and the penalties go well beyond a slap on the wrist.
We’ve covered the rules around getting permission to cut down a tree in a previous post. This one looks at what actually happens once those rules are broken, the fines, the court process, and the real cases that show how seriously councils take it.
Why unauthorised tree work is treated as a criminal offence
A tree covered by a Tree Preservation Order, or one standing in a conservation area, isn’t just protected on paper. Felling, topping, lopping, uprooting or wilfully damaging that tree without consent is a criminal offence under the Town and Country Planning Act. It’s prosecuted in the same way as other planning breaches, except trees come with their own scale of penalties because the damage usually can’t be undone once a mature specimen is gone.
Councils don’t need to prove intent in most cases. Not knowing the tree had a Tree Preservation Order isn’t a defence, and “I didn’t realise I was in a conservation area” rarely helps either. The responsibility sits with whoever instructs the work, whether that’s the homeowner or the contractor swinging the chainsaw, and both can end up in front of a magistrate.
What counts as unauthorised work
It’s not only felling that triggers a prosecution. Heavy pruning, crown reduction, root severance, and even bark damage from machinery can all count as unauthorised work if the tree is protected. Councils have successfully prosecuted cases where a tree was left standing but so badly cut back that its long-term survival was compromised. The law treats that as equivalent to destruction, because the outcome for the tree is much the same.
The fines you're actually looking at
For most unauthorised tree work, councils can prosecute in the Magistrates’ Court, where fines reach up to £20,000 per tree. That figure alone catches people out, since many assume a small garden tree wouldn’t carry a penalty anywhere near that. Serious cases get referred to the Crown Court, where there’s no upper limit on the fine at all, and in England a prison sentence is also possible. According to the Woodland Trust, fines in England and Wales are unlimited once a case reaches that level, with Scotland capping penalties at £5,000 per tree instead.
One case that did the rounds in the press involved a homeowner in Berkshire who removed a tree at the end of his garden, not realising his fence bordered a conservation area. The tree was producing apples that had made his dog unwell, but ignorance of the boundary still cost him a £9,000 fine. It’s a useful reminder that conservation area protection doesn’t announce itself with a sign in the garden, and that the council’s assessment of harm matters more than the homeowner’s reasoning for the work.
How councils decide the size of the fine
Sentencing guidelines ask magistrates to weigh the tree’s amenity value, its age, and how visible it was to the public, alongside the offender’s culpability. A veteran oak on a street corner will attract a far higher fine than a young, fast-growing species tucked away in a back garden, even though both might technically carry the same TPO status. Courts also look at whether the work was done knowingly or as a result of poor advice from a contractor, which is one more reason to use a qualified surgeon who checks protection status before any cutting starts.
It rarely stops at a fine
Beyond the financial penalty, councils have the power to order replacement planting, and they don’t always settle for a sapling. Some local authorities insist on a tree of equivalent maturity, which can run into thousands of pounds on top of whatever fine was handed down. Lambeth Council confirms that a TPO breach can lead to a fine of up to £20,000 on summary conviction, rising to an unlimited fine if the case goes to the Crown Court, and that’s before replacement costs are added.
If the tree was felled because it was dead, dying or dangerous, that doesn’t remove the obligation either. Landowners have an automatic duty to replace a TPO tree once it’s gone, regardless of why it came down or whether permission was sought first. The only real exception is where the council accepts the tree posed an immediate safety risk and that there genuinely wasn’t time to apply for consent, and even then it’s wise to keep photographic evidence.
Civil claims on top of criminal penalties
A criminal conviction doesn’t rule out a separate civil claim either. If a protected tree had a clear amenity value to neighbours or the wider street, in rare cases a local authority or affected party can pursue further action for the loss, on top of whatever the court has already imposed. It’s not the norm, but it shows how far the consequences can stretch once a protected tree has gone.
What to do if you're not sure a tree is protected
Most London boroughs now publish TPO maps online, searchable by postcode or address. It’s worth checking this before any work goes ahead, not after a quote’s been accepted. Conservation area status is separate from a Tree Preservation Order and needs checking too, since trees there are automatically protected once they pass 75mm in diameter, measured at 1.5 metres above ground.
When there’s any doubt, a proper site assessment removes the guesswork. Our tree survey service checks protection status alongside the tree’s condition, so you’re working from facts rather than assumptions before anything gets cut. A survey also gives you a paper trail, which matters if a council ever queries the work later.
Get advice before, not after
The honest advice here is the same one councils give: ask first. A short phone call or email to the planning department, or a survey from a qualified tree surgeon, costs far less than a fine and a forced replanting order. Visit our tree surgeon services page to see how we can help check a tree’s status before work begins. If you’re in Bromley or anywhere else across London and you’re unsure whether a tree on your property is protected, get in touch before booking any work. It’s a five-minute check that can save thousands.