Roof, walls & outside
Trees, hedges and storms: rights and responsibilities
Before any saw touches any branch, two questions: is the tree protected, and is anything nesting in it? Get those right and tree-and-hedge law is surprisingly civilised; get them wrong and the fines are real. Here are the rules, plus the storm preparation that keeps branches off roofs.
By the Tickover team · Published 13 July 2026 · 4 min read
Check before you cut. Always.
A Tree Preservation Order (TPO) makes it an offence to cut down, prune or damage a tree without council consent, with penalties running to thousands of pounds. In a conservation area, most tree work needs six weeks’ written notice even without a TPO. None of this is visible from the garden; the council’s planning pages list TPOs and conservation boundaries, and a phone call settles doubt. Check before booking anyone, because “the tree surgeon did it” is no defence for the owner.
The second gate is wildlife. Active birds’ nests are legally protected, and nesting season runs roughly Feb–Aug. Summer trimming is not outlawed, but check any hedge or tree carefully first and postpone where a nest is in use. Big pruning belongs in the dormant season anyway; the tree copes better and you can see what you are doing.
The tree and hedge year
- Nesting season: check before cutting
- Dormant season: major pruning window
- Hedge tidy-up once fledglings are gone
- Pre-storm check: deadwood over targets
The boundary rules, in plain English
| Situation | Where you stand |
|---|---|
| Branches overhang your garden | Cut back to the boundary, at your cost, and offer the cuttings back |
| The tree has a TPO or is in a conservation area | Council consent or notice first, even for overhang |
| Roots cross under the boundary | Same cut-to-boundary right, but take advice before touching structural roots |
| Leaves and seeds land on your side | No claim. Leaves are weather |
| An evergreen hedge over 2m blocks light | Talk first; the council high hedge route is the last resort |
The overhang rule is old common law: you may prune back to the boundary line (never beyond it) at your own cost, and the branches, fruit included, still belong to the tree’s owner, so offer them back rather than lobbing them over. Declined? Dispose of them yourself. The same civility applies along the fence line, where the deeds, not folklore, say whose fence is whose.
Storms: prepare, then document
Storm damage from trees is mostly a preparation story. Deadwood over drives, sheds and play areas is the predictable failure; a tree surgeon with proper qualifications and public liability insurance can remove it in an afternoon. Wind tests everything else too: roof tiles and gutters take the same battering as the branches.
Before storm season
- Scan your trees for dead or hanging branches over anything valuable
- Book a tree surgeon for deadwood while diaries are quiet
- Photograph trees, hedges and boundaries, dated, from your side
- Anchor or store trampolines and garden furniture; they fly
- Check young tree stakes and ties are firm
- Know where your council reports fallen trees on roads
When the wind has been and gone
Do
- Photograph everything before anyone tidies up
- Cordon off hung-up or split branches and keep children away
- Report lines and cables touched by trees to the network on 105
- Use an insured tree surgeon for anything above shoulder height
Don’t
- Never touch a branch resting on a power line, or the tree holding it
- Do not climb, or work a chainsaw above shoulder height; that is pro work
- Do not cut a protected tree even when storm-damaged; call the council first
- Do not bin the evidence photos until every claim is settled
On liability: when a healthy tree falls in a storm, that is bad luck, and each owner claims on their own buildings policy for their own damage. Negligence changes the answer: a visibly dead or dangerous tree the owner ignored can make them liable for what it hits, which is why dated photos matter in both directions. Fences are the most common casualty and the thing insurance rarely pays for; the storm-season routine is the better policy.
TPO, boundary or liability question?
Ask Tickover Advice: a free property-aware draft answer now, and from £49 a chartered professional, surveyor or planner, verifies and signs it before you act on it.
Quick answers
Can I cut branches that overhang my garden?
Yes, back to the boundary line and no further, at your own cost, unless the tree is protected by a TPO or stands in a conservation area, in which case council consent or notice comes first. The cuttings still belong to the tree’s owner, so offer them back. Check for active nests before any cutting between roughly February and August.
How do I check if a tree has a TPO?
Ask the council. Most planning departments publish TPO maps and conservation area boundaries online, and all of them will confirm by phone or email if you give the address. Get the answer in writing before booking work, because unauthorised work on a protected tree is an offence for the owner as well as whoever holds the saw.
Whose insurance pays when a tree falls on my property?
Usually your own buildings insurance covers damage to your house, whoever owned the tree, and their insurance covers theirs. The neighbour only becomes liable if negligence is involved, meaning the tree was visibly dead, diseased or dangerous and they ignored it. Note that fences are commonly excluded from storm cover on both sides of the boundary.
When is it legal to trim a hedge?
There is no blanket ban on summer trimming at home, but destroying or damaging an active wild bird’s nest is an offence, and nesting season runs roughly February to August. Check the hedge thoroughly first and delay if anything is nesting. The safest rhythm is a light tidy in late summer after fledging and any hard cutting in winter.
This guide is general information for UK homes, not advice about your specific property. Anything involving gas must be done by a Gas Safe registered engineer, and notifiable electrical work by a qualified electrician. If you smell gas, call the National Gas Emergency line on 0800 111 999. If you’re ever unsure, stop and get a professional in — that’s exactly what Tickover is for.
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