Can I prune a tree on council land? This is what you can and can't do if a nearby tree is encroaching on your garden
Yes, you can, but only in this one case
If a council tree is causing a nuisance – perhaps blocking light, dropping leaves that block gutters or restricting access to your property – you'll want to know if, and how, you can remedy the situation.
Since the tree is growing on council land, it doesn't belong to you, which limits what you can do. In all cases, directly approach the council, highlight your concerns and seek their guidance on the best next steps. Specific rules and best practices will vary from council to council.
This will take longer than just getting out your secateurs but will prevent you from accidentally breaking the law in your garden.
When can I prune a tree on council land?
If the tree's branches are overhanging your property, then you can prune a tree on council land. This applies whether the tree is on council land or if it is your neighbours plants that are growing over into your garden.
'You have the right to cut back overhanging branches from trees or shrubs on council-owned land to the extent of your boundary, provided always that they are overhanging,' says Janet Lane, Property Litigation Solicitor at Rogers and Norton. 'You must not trespass onto council land while doing so and should return any severed branches to the council without causing damage or a nuisance in doing so.'
Before starting work, contact your council and explain your proposed work. Also check your local council website – which you can find on this Government directory – for specific advice for your area. Some councils will permit you to dispose of cuttings, but you should always double-check.
When pruning a tree on council land, you need to do everything you can to protect the tree. This includes knowing the best way to prune a specific tree and when not to prune trees. If you lack confidence or ability, ask if the council will prune a tree on council land.
When can you not prune a tree on council land?
Unfortunately there are more times you can't prune a tree on council land than the times you can.
1. It has a tree protection order
A Tree Preservation Order (also known as TPO) legally protects certain trees that are particularly beneficial to the community, environment or history. Your council will be able to inform you if the tree in question has a TPO but you should always check.
Never prune a tree with a TPO without permission. If you need to prune a tree with a TPO you will have to make a 'works to trees' application via GOV.UK before starting work. If you make the mistake of cutting down a tree that is under a Tree Preservation Order, you could be fined up to £20,000.
2. If the tree is blocking light
Unfortunately, you have no right to light in your garden. Therefore, you cannot prune a tree on council land to increase the light in your garden – unless the branches are on your property – nor can you ask the council to prune or remove a tree for this reason.
'Most councils will not cut back trees that they own if they are blocking sunlight, and will often only take action if the tree in question poses a safety risk to the public,' warns Graham Smith MCIHort, horticultural expert from LBS Horticulture.
This still applies if you want to increase the light in order to fit solar panels and maximise the energy.
If it is your neighbour’s tree that is blocking your sunlight, approach them directly.
3. If it's dropping leaves, honeydew or fruit
Dropping leaves, honeydew (a sticky residue) or fruit are not a reasonable justification for pruning a tree on council land – unless the offending branches are overhanging your property.
As is the case if a neighbour's tree is dropping leaves into your garden, you do not have any rights to the leaves, fruit or anything else that falls into your garden.
'You do not have the right to keep or dispose of any fruit on or falling from overhanging branches. They should be returned to the council in a suitable manner, unless it agrees differently. If leaves/fruit/sap are causing significant harm to your property or pose a risk, this should be reported to the council in writing, setting out the nature and seriousness of the problem, and asking that it addresses the issue,' says Janet Lane, Property Litigation Solicitor at Rogers and Norton.
However, there is no guarantee that the council will address the issue – often council websites explicitly state that they will not – but it is still worth asking the question.
If dropped leaves or fruit are causing a slip hazard on public footpaths or blocking public drains, then you should contact the council as this is their responsibility.
4. Touching telephone wires or blocking signal
Trees touching telephone wires can cause issues with signal or internet, however, this is not grounds to prune a tree on council land.
If the tree is on council land, it is often recommended that you contact your service provide or to further investigate the problem. However, double check your local council website for specific advise for your area.
5. Birds are nesting or leaving droppings
Birds nesting and leaving dropping can cause a bit of a nuisance but it is not enough to classify as a legal nuisance and as such most councils will not prune a tree for this reason.
Unless the branches are in your property, you cannot prune them either.
When to contact the council about trees on their land
Despite causing annoyance to you, the council will only cut down a tree if it poses genuine danger or causes a legal nuisance (which is rarely the case). If a tree near your property looks unsafe, then you need to contact the council and raise your concerns rather than taking matters into your own hands.
While exact rules vary from council to council, Croydon Council lists the following signs of a tree that should be reported for further investigation:
- is completely or almost dead
- has recently lifted out of the ground
- has mushrooms or fungi growing from its roots, base or stem
- has a significant crack and holes on the main stem/branches
If a tree on council land is bothering you, unless the branches are overhanging your garden, keep those loppers in the shed and try speaking to the council.
