​Cutting Down Trees


What is the law against cutting trees?

The law against cutting trees in the UK is actually quite complex. The protection of timber has been an issue for centuries, and many laws have been passed to protect forests from being taken away by humans. It can be difficult to tell what is illegal and what is not, but we will go through some of the most important questions and parts of the tree legislation acts

If you're thinking about cutting down a tree, we have the answers to your questions. Whether it's safety precautions or preservation laws that are getting in the way of making decisions on what course is best for your property and trees, our guide has information available from expert sources so no one will reach for their chainsaw before they get all necessary facts correct beforehand.


Do I need permission to cut down a tree or remove branches on my property in the UK?

If you own your home, one does not need permission to cut down a tree that is solely in your garden, unless it has been designated as needing preservation through the Tree Preservation Order or Conservation Area. If you are renting a house and cutting down trees on the rented property grounds, then you must first obtain permission from your landlord before undertaking any work of felling. One can always ask neighbours for help with branches which overhang onto neighbouring gardens/property but they are still owned by the owner of the land where the trunk resides so it’s the owners responsibility if anything goes wrong, such as an unexpected direction in which branch falls upon neighbour’s garage, shed or outbuilding for example.


Tree Felling Licence

Where a tree must be felled outside of a private garden, you may need to obtain permission from the relevant government department. If this applies and the trees amount to 5 cubic metres in total volume, it is usually an offence without their consent first. Licences for thinning woodland will most likely come with certain conditions on replanting or maintaining them afterwards for a set timescale. For just thinning woodlands, this will not have a restocking condition attached to the licence. They will make enquiries to see if permission needs to be granted from your local authority. Also please consider the impact this could cause to the surrounding wildlife. Felling and removing trees while the breeding season is in full swing could be stressful for the birds and indeed other wildlife, so make sure that you take this into account and proceed during the winter months.


Is there a legal height for Neighbours trees?

Are you looking for some advice on what to do about the height of your neighbour's trees? There are a few things that you can do. The first thing is to talk with them about it. They may not even realise that they have high tree branches and be more than happy to take care of the problem. If they don't know, then ask them how tall their trees were when they bought the house or moved in. You could also check your local by-laws for information on legal height limits for trees, as this varies depending on where you live and local council rules and regulations.


What can I do if my Neighbours trees are too high and they are ignoring my complaints?

If you are unable to reach an agreement with your neighbours, then contact local authorities as they may be able to help. There is also a possibility that cutting down or trimming the trees might not solve the problem and in this case it would be advisable to consult with a qualified arborist for advice on how best to deal with high tree branches on neighbouring property. You can contact our local tree surgeons at Nottingham Tree Surgery and Arborist Service anytime for a FREE consultation and expert friendly advice for a way forward.


What do you do with dead ash trees?

A lifeless oak or ash can make for an eyesore on any property, so most people would want them removed quickly at all costs-including safety concerns such as unstable limbs. This means having professional tree surgeons handle this job from start to finish. Cutting down branch by branch (known as sectional dismantling) until removing the whole tree without damaging anyone or nearby property when they fall over during the disposal process (due largely to the tree's overall weight and size) The average residential homeowner or business will not have the the right equipment to safely remove these large ash and oak trees. Also if the trees to be felled are dead, they will be brittle with loose bark and could collapse at any time, adding to the danger. This is why they should always be removed by specialist tree surgeons and Arborists.


Is it illegal to cut down trees when birds are nesting?

The bird nesting season is an important time for birds to find a safe place to raise young. Nesting occurs March 1st through July 31 and during this time the surrounding vegetation such as trees and hedges should be left untouched in order not disturb these fragile environments. Although it may seem impractical, there are exceptions that allow work on trees and hedges if done with care so as not to harm any nests or eggs residing nearby. Always keep safety at the top of your mind when running projects near wildlife habitats. To ensure the safety of nesting birds, before any work is carried out in this season a thorough visual survey needs to be completed. In most cases it will have been determined that there are no nesting birds present or if they are then as long as what you're doing doesn't disrupt their nest near your worksite everything should go smoothly and without incident. It's not just about protecting them but also ensuring we protect ourselves by following these guidelines so everyone can coexist peacefully with minimal disturbance for both parties involved.The courts have been clear that the responsibility lies with both contractor and client to be aware of laws protecting nesting birds. For example, if you disturb a bird's nest they may go ahead and delay work until all nests are empty, but this rule is not limited to just certain species of birds, all wild birds, as well as any eggs found in an unoccupied nest, will be protected from disturbance under these rules. This means it becomes your duty also, so make sure before beginning construction on your property that there isn't anything laid by terns or swallows.


Cutting back my neighbours Trees that are encroaching my property?

If you have a neighbour who's tree is overhanging onto your property, cutting back the branches can be as easy as talking to them. If they're happy with it then all that needs doing is trimming away any leaves and debris on their side of the fence or hedge.

The law actually states that any tree branches cut off belong to the person whose land the tree first grew, so good practice id to ask your neighbour if they want them back, or if they don't mind if you go ahead and dispose of them during the process.

When you're trimming your hedge, don't just throw the trimmings back over the boundary. This could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back before throwing them away or leaving them by their garden gate for someone else to pick up later.

Also this applies to fruit on trees, even if the fruit on branches which is overhanging onto your property, still by law belongs to your neighbour. So You are indeed stealing if you pick the fruits for yourself without your good neighbours' permission. 



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For a FREE consultation and Free Quotation

0115-824-3203 


Dangerous Tree Removal - What Is Classed as A Dangerous Tree?


Trees offer numerous benefits, from providing shade to enhancing the aesthetic appeal of a landscape. However, under certain conditions, they can pose significant risks, hence the need for dangerous tree removal. A tree is classified as dangerous if it has structural defects that could lead to its failure. This includes, but is not limited to, dead or dying trees, trees with decayed or damaged roots, leaning trees, and those with weak branches. The process of dangerous tree removal must be handled with utmost care to preserve the wellbeing of people and property in the vicinity. This document will further explore the concept of dangerous tree removal and its importance.


Overview of Dangerous Tree Removal

Dangerous tree removal is a specialised, high-risk task that necessitates a professional approach. It involves identifying hazardous trees and securely removing them to prevent potential damage to people, buildings, and other structures. This process may include the complete removal of a tree, including its stump, or the strategic removal of specific branches that pose a threat. It's essential to note that even seemingly healthy trees can become dangerous under certain circumstances, such as extreme weather conditions, making regular inspection and maintenance vital. The task requires skilled operators familiar with advanced rigging techniques and equipped with protective gear and specialized tree removal equipment. The goal is to ensure the safe removal of dangerous trees while lowering the impact on

surrounding vegetation and property.


Importance of Identifying Dangerous Trees

Identifying dangerous trees is a critical first step in preventing potential threats to life and property. A tree with structural imperfections can collapse unexpectedly, causing substantial damage to nearby buildings, vehicles, or even passers-by. Moreover, falling branches can disrupt power lines, leading to power outages or sparking dangerous fires. In forests or public parks, the failure of unhealthy trees can disrupt ecosystems, harming wildlife and other plant species. Early identification allows for timely intervention, either through strategic pruning or complete tree removal, mitigating the risks associated with tree failure. It also aids in preserving the aesthetic appeal of a landscape, enhancing property value. Thus, regular tree inspection is not just a safety measure, but a crucial element of responsible property and environmental stewardship.


What Makes a Tree Dangerous?

A tree is considered dangerous when it possesses certain attributes or conditions that pose a potential threat to people, property, or the environment. The danger often arises from the tree's structural instability, which can be caused by various factors. These include diseases and pests that weaken the tree, structural defects such as cavities or cracks in the trunk, damaged or rotten roots, tree leaning at a precarious angle, or dead branches that may fall. Similarly, trees with co-dominant stems or weak branch unions can be classified as dangerous, as these structures are prone to splitting, especially during high winds or storms. Trees growing too close to buildings, power lines, or other structures can also be hazardous, particularly if their branches overhang these areas. It’s crucial to note that even healthy trees can become dangerous if they are exposed to particular stressors, such as severe weather conditions or significant changes in the surrounding environment. Regular inspections by a certified arborist can help identify these hazards and take appropriate measures to mitigate the risks.


Signs of a Dangerous Tree

Knowing the signs of a dangerous tree is crucial in mitigating the risks posed by tree failure. Here are some signs that a tree might be dangerous and require attention

:

Dead or Dying Branches: 

One of the most obvious signs of a dangerous tree is the presence of dead or dying branches. These branches often appear devoid of leaves even during growing seasons, or they might exhibit leaves that are discolored or wilted. The bark on the branch may be missing or show signs of decay. Dead or dying branches are particularly hazardous as they can easily break off and fall, posing a risk to people, property, and power lines below. Regular inspection and pruning can help manage this risk, but if a tree has multiple dead branches, particularly in its crown, it could be an indication of a more severe issue, and the tree might need to be removed entirely.


Cracks in the Trunk: 

Another telltale sign of a hazardous tree is the presence of cracks or splits in the trunk. These structural defects can compromise the tree's stability, increasing the likelihood of it failing. Cracks may be caused by a variety of factors such as weather damage, disease, or physical injury to the tree. Some cracks may heal over time, but persistent or deep cracks, particularly those running along the length of the trunk or spiralling around it, could indicate a serious problem. Trunk cracks are especially concerning if they are accompanied by decay, as this can weaken the tree further. If a tree shows signs of trunk cracks, it should be assessed by a professional arborist to determine the appropriate course of action.


Decay and Fungal Growth:

Decay and fungal growth are significant indicators of a potentially dangerous tree. Fungal growth, such as mushrooms or conks, particularly at the base of the tree or on the trunk, may indicate internal decay, even if the tree’s exterior seems healthy. Likewise, wood decay can significantly weaken a tree's structural integrity, making it more susceptible to falling or losing branches. Since decay often occurs internally, it may not be immediately visible. However, signs like discolored bark, a hollow sound when the trunk is tapped, or unusual swelling could suggest decay. Fungal growth and decay do not necessarily mean the tree needs to be removed, but they signal the need for further assessment by a certified arborist. This professional can evaluate the tree's condition and recommend appropriate action, which may include pruning, treatment, or, in severe cases, removal.


Leaning Trees:

A tree leaning to one side can often be a telltale sign of a dangerous tree. While it's natural for trees to lean slightly as they grow towards sunlight, a sudden and noticeable lean can indicate that the tree’s stability is compromised. This might be due to root damage, soil erosion, or strong winds that have loosened the tree's grip on the ground. Furthermore, the area of ground on the side to which the tree is leaning may start to rise - this is an urgent sign of a tree at high risk of toppling over. Leaning trees are especially dangerous as they can fall without warning, causing damage to property or posing a risk to safety. Any tree showing this sign should be evaluated by a professional arborist as soon as possible, who can then decide whether the tree can be saved or needs to be removed.


Root Problems:

Root problems are key contributors to a tree being deemed dangerous. Healthy roots are integral to a tree's stability and nourishment, and any damage or issues can significantly increase the risk of tree failure. The most common root problems include root rot, physical damage, and girdling roots. Root rot, often a result of overwatering or poor drainage, weakens the tree's stability, making it more susceptible to falling. Physical damage to roots, which can occur due to construction, heavy vehicles driving over the root zone, or landscaping activities, can also compromise a tree's stability. Girdling roots, those that grow around the base of the tree, can strangle and weaken the tree over time. Visible root decay, smaller than usual leaves, premature autumn color, prolonged leaf drop, or a thinning canopy are all signs of possible root problems. If any of these signs are observed, it's essential to involve a professional arborist to assess the tree's health and safety.


Co-dominant Stems:

Co-dominant stems, another signal of a potentially hazardous tree, refer to two or more adjacent trunks, or branches, that are of similar diameter and emerge from the same location. These stems often have a weak union because of included bark, which is bark that becomes embedded in a crotch (union) between branch and trunk or between co-dominant stems. This weak union may result in the stems splitting apart, especially during severe weather conditions or under the weight of heavy foliage. Therefore, trees with co-dominant stems should be regularly inspected by a certified arborist who can recommend a suitable course of action, including pruning, bracing, or in extreme cases, tree removal.


Overhanging Branches:

Overhanging branches pose a significant hazard, particularly if they hang over buildings, walkways, or other areas frequently occupied by people. Not only do they present a risk of falling and causing injury or property damage, but they can also interfere with power lines, increasing the risk of power outages and fires. Overhanging branches may result from natural growth patterns or storm damage, and their hazard level can be exacerbated by other health issues like decay or disease. Therefore, it's crucial to monitor any branches that extend over areas where they could cause harm and to have them assessed by a professional arborist. This expert can determine whether pruning or branch removal is necessary to

mitigate the risk and maintain the tree's overall health.


The Process of Tree Removal

Step-by-Step Process of Tree Removal

  1. Assessment: Certified arborists first examine the tree, its surroundings, and the degree of risk it poses, determining the best course of action for its removal.
  2. Preparation: The area surrounding the tree is then cleared of any objects and potential hazards. This step ensures the safety of the tree removal team and minimizes potential damage to nearby property.
  3. Climbing or Accessing the Tree: The climber, secured with safety harnesses and ropes, climbs the tree or uses machinery like a cherry picker to reach the top.
  4. Removal Process: Depending on the size and location of the tree, it may be cut down in sections, starting from the top. Larger trees may require the use of cranes or other machinery.
  5. Stump Removal: After the tree is cut down, the remaining stump can be removed using a stump grinder or it may be left to naturally decay.
  6. Clean-up: The final step involves cleaning up the site and disposing of the tree sections, typically by chipping them into mulch or hauling them away.


Remember, tree removal is a dangerous task and should be left to trained professionals to avoid personal injury or property damage.


Safety Measures in Tree Removal

Safety is paramount in the tree removal process. Professionals undertaking the task must adhere to several safety measures to ensure the well-being of both people and property involved. They must always wear Personal Protective Equipment (PPE), including helmets, eye protection, hearing protection, proper gloves, and safety boots. Moreover, they should never work alone and must always maintain a safe distance from power lines. During the process, it's essential to establish and communicate clear drop zones to prevent accidental injuries. Also, the use of appropriate tools and equipment in good working condition, along with regular maintenance checks, is crucial. Lastly, professionals should be trained in first aid and emergency procedures. Adhering to these safety measures can significantly reduce risks associated with tree removal.


Legal and Ethical Considerations

Local Regulations about Tree Removal

Local regulations around tree removal vary significantly, reflecting the diversity of attitudes toward preservation and land rights. Many jurisdictions have strict rules in place to protect trees, especially those of significant age or of a protected species. These regulations require property owners to obtain permits before removing a tree, particularly if it's above a certain size. Violating these rules can result in hefty fines and potential legal consequences. Some areas may also have guidelines on how and when trees can be pruned or removed, to minimize harm to local wildlife. Additionally, if a tree is considered a significant community asset or is protected due to its age, species, or other factors, special permissions may be needed for removal. It is recommended to consult with local municipalities or a professional arborist to understand the local laws and regulations before proceeding with any tree removal.


Environmental Implications of Removing Trees

Tree removal has several significant environmental implications that are often overlooked. Trees play a vital role in maintaining ecological balance as they absorb carbon dioxide, release oxygen, and provide habitats for a myriad of wildlife species. Their removal can lead to increased levels of carbon dioxide in the atmosphere, contributing to global warming. Furthermore, the loss of trees disrupts local ecosystems, potentially leading to a decrease in biodiversity. Trees also serve as natural barriers reducing noise pollution and offering shade, leading to reduced energy use in nearby buildings. Additionally, they help prevent soil erosion and contribute to the water cycle. Therefore, the decision to remove a tree should be made after careful consideration of its environmental impact and exploring possible alternatives such as pruning or relocating the tree when feasible.


Importance of Professional Tree Removal Services

Hiring a professional tree removal service is crucial for a number of reasons. First, it ensures safety. Professionals have the necessary skills, equipment, and experience to perform the task efficiently and safely, minimizing the risk of injury or damage to property. Second, professional tree removal services are aware of the local regulations and can help homeowners navigate the process of obtaining necessary permits and comply with local laws. Third, they can provide expert guidance on the best course of action, whether it's complete removal, pruning, or treatment for disease or pest infestation. They also have the knowledge to identify potential issues that the average homeowner may overlook, such as structural weaknesses or signs of disease. Fourth, professional services include clean-up and waste disposal, saving homeowners the laborious task of dealing with the debris. Finally, professionals can undertake the task quicker and more efficiently due to their experience and specialized equipment. Therefore, even though it may seem like an additional expense, hiring professional tree removal services can save time, prevent legal issues, and most importantly, ensure safety.

Preventive Measures to Avoid the Development of Dangerous Trees

Preventive measures are essential to manage the growth of trees and avoid them from becoming dangerous. Regular tree inspections can be an effective first step, as they allow early detection of any signs of disease, pest infestations or structural issues. Secondly, proper tree planting and care from the outset can prevent many problems. This includes choosing the right tree species for the specific location, considering factors like soil type, light exposure, and available space. Thirdly, pruning is a key preventative measure. Regular pruning not only maintains the aesthetic appeal but also prevents overgrowth and aids in identifying potential issues. Fourthly, maintaining a healthy environment for tree growth, such as proper watering, mulching and fertilising, can strengthen the tree's resistance to pests and diseases. Lastly, seeking professional advice is crucial. Arborists can provide valuable insights into tree care and management, helping homeowners prevent their trees from turning into potential hazards.


F.A.Q About Dangerous Trees


What is the Dangerous Trees Miscellaneous Provisions Act?

The Dangerous Trees Miscellaneous Provisions Act is a legislative measure that provides clear guidelines for the identification and removal of hazardous trees. This Act categorizes trees as dangerous based on factors such as structural instability, location in relation to buildings and public areas, disease susceptibility, and potential to cause damage or injury. It also outlines the responsibilities of tree owners and the correct procedures for handling and removing dangerous trees in a safe and regulated manner. The aim of the Act is to prevent accidents and maintain a safe environment for all.


Who Is Responsible for Dangerous Trees?

Responsibility for dangerous trees typically lies with the land owner or the person who has the tree on their property, as per the Dangerous Trees Miscellaneous Provisions Act. It is incumbent upon them to regularly monitor and maintain the trees, ensure their health and stability, and take action when signs of danger become apparent. If a dangerous tree poses a threat to neighboring properties or public areas, the tree owner may be liable for any damage or injuries caused. In some cases, local councils or municipalities may also share in the responsibility for managing dangerous trees, especially on public lands. Always check local regulations and consult with a tree management professional for advice tailored to your specific situation.


Does House Insurance Cover Dangerous Trees?

In general, most house insurance policies cover damage caused by falling trees or branches. However, coverage may depend on various factors such as the specific circumstances of the tree’s fall, the condition of the tree before it fell, and the level of maintenance performed by the homeowner. Insurance companies often stipulate that homeowners have a duty of care to maintain their trees and prevent them from becoming a hazard. Therefore, if a tree was visibly diseased or unstable and the homeowner took no steps to address the issue, the insurance company may reject a claim on the grounds of negligence. It's critical to understand the terms of your specific insurance policy and consult with your insurance provider to clarify what is and isn't covered. It's also advisable to conduct regular tree inspections and maintenance to minimise potential risks.


How Do You Prove A Tree Is Dangerous?

Proving a tree is dangerous involves a thorough assessment carried out by a certified arborist. They will examine the tree for signs of disease, decay, or structural instability. Key indicators to determine if a tree is hazardous include dead or falling branches, cracks in the trunk, signs of rot, or fungal growth. The tree's lean and root stability are also crucial factors. If the tree leans heavily to one side, or if its roots are visibly damaged or compromised, it may be deemed dangerous. Other factors include the tree's proximity to buildings, pedestrian paths, or utilities, and whether it's in an area prone to harsh weather. Documentation of these findings by a professional is critical evidence to prove a tree is dangerous. Always consult with a certified arborist or tree management professional if you suspect a tree may be a hazard.


How Do I Report a Dangerous Tree in Nottingham?

Reporting a dangerous tree in Nottingham involves a few straightforward steps. The first point of contact should be the Nottingham City Council. You can submit your concerns via their website's 'Report a Problem' section, where you will find a subsection for reporting tree-related issues. In the report, provide as much detail as possible about the tree's location, the perceived threat, and any visible symptoms of danger, such as decay or structural instability. If the tree poses an imminent threat, it is advisable to also contact the City Council directly by phone. Be aware that if the tree is on private property, the responsibility typically lies with the landowner. However, the council may intervene if the tree poses a significant risk to the public. Always consult with a local tree surgeon or tree management professional for an expert assessment of the situation. 

Here is a link to Nottingham City Council “Report a tree or vegetation problem”


https://www.nottinghamshire.gov.uk/transport/roads/trees-hedges/report-a-tree-or-vegetation-problem#:~:text=If%20it%20is%20an%20emergency,telephone%3A%200300%20123%205000



Any more questions that you may have about the Dangerous Trees, then please give us a call, as we offer a free Initial consultation to all our customers. We are open for business 24/7 so even if you have an emergency dangerous tree situation you know who to call. 


Nottingham Tree Surgery & Arborist Services

O115-824-3203

or

01332-327311

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