Tree Structures/Law
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Trees, Structures and the Law
We are here to help with your tree-related problems. You may have concerns over a planning application nearby to your tree or may have received a TPO (Tree Preservation Order), or your trees happen to be located within a Conservation Area. Alternatively, you may have questions regarding trees located close to boundaries or have a tree suspected of causing damage. We can help and provide advice on the most suitable route.
There are extensive laws which control the status and protection of trees and woodlands to ensure their longevity and care. Most of these are statutory and dealt with by your Local Authority or the Forestry Commission. Barnes Associates Ltd are well informed about all regulations relating to the protection of trees and we are here to help inform and guide all our clients upon the most appropriate course of action.
Occasionally living close to a tree can result in concern of perceived risk or damage resulting from or a result of the presence of trees. We offer a range of specialist tree assessments and reports to deal with this and help allay fears, enable you to manage the situation or confirm that damage is either foreseeable or current damage is the result of trees.
What Tree Structure/Law Survey involves
Insurance Reports
Pre-purchase and Mortgage reports
High Hedges
Tree Valuation
We are members of the Member of the subsidence forum.
Occasionally, trees can cause problems to built structures or are located in such a position that damage or harm is a likely outcome.
Through a combination of our experience, investigation equipment and working with external partners such as Plant Biologists, Soil Laboratories and Structural Engineers, we are qualified and experienced in dealing with and managing trees growing close to structures in line with current Laws, Legislation and current Best Practice.
The Laws associated with trees can be complex and require subtle interpretation. We have a wide experience in dealing with trees and potential liabilities resulting from their growth or failure. This can range from dealing with Trees in the planning system – Planning Applications, Tree Preservation Orders, Conservation Areas or High Hedge claims. Through to trees which are considered a current or foreseeable nuisance or trees that are implicated in damage claims. We are here to offer balanced, independent advice and are happy to help all parties or act jointly if required.
Tree Damage Reports
Where damage has occurred to structures or buildings resulting from the growth of trees is suspected, we can provide a range of detailed instrument supported assessments to better understand the potential for trees being involved.
Damage can result from both Direct Damage resulting from tree growth, abrasion and Impact or Indirect damage, where trees change to the soil supporting characteristics is suspected as a result of the growth of trees and vegetation, we can provide detailed instrument supported assessments to better understand the potential for trees being related to damage. Once confirmed, we can provide a management report including recommendations. We will visit the site(s) and undertake a ground-based visual assessment of the tree(s) close to the dwelling and built structures.
We can include an assessment of potential problematic neighbouring trees close to the boundary which may be affecting your site as appropriate, from your site and/or the public domain.
Tree Direct Damage
Tree Roots And Drains
Subsidence Risk, Insurance & Homebuyers Reports
“Is that tree going to damage your home? This can be a last-minute request from a lender when organising a mortgage or your broker when arranging or renewing Insurance cover.”
Occasionally during the process of renewing Property Insurance or when buying a new property, trees can be suspected of causing harm and an assessment of risk of tree involvement can be required.
Our Pre-Purchase and Insurance Tree Reports aim to provide you with the information you need to make what is, for most of us, one of the more significant decisions we are asked to make. This requires an assessment of the site conditions, the dwelling’s age and construction, and an assessment of nearby trees and vegetation to identify the risk of harm from indirect damage (subsidence) or the potential for direct damage (movement/cracking) in lightweight structures.
We have advanced specialist training in this area (not all surveyors have); refer to the resources page for more details.
We are listed on www.localsurveyorsdirect.co.uk
“Ian – thank you very much for the fast turn around and detailed report”
HOMEBUYER LEEDS
(Recent Mortgage and insurance report)
Tree Failure Reports
Unfortunately, trees do occasional fail either in part or their entirety; thankfully, this normally occurs without consequence. However, when failure occurs, there is often a desire to understand why this has occurred and whether this is likely to affect other trees in the same area. Was the issue foreseeable and is there any liability likely to result.
We benefit from several technologies that help inform the situation and help you better understand why failure occurred and if it is liable to affect other trees in the same area.
Trees and the Law
We are here to help with your tree-related problems. You may have concerns over a planning application nearby to your tree or may have received a TPO (Tree Preservation Order) or your trees happen to be located within a Conservation Area.
Alternatively, you may have questions regarding trees located close to boundaries or have a tree suspected of causing damage. We can help and provide advice on the most suitable route.
There are extensive laws which control the status and protection of trees and woodlands to ensure their longevity and care. Most of these are statutory and dealt with by your Local Authority or the Forestry Commission.
Barnes Associates Ltd are well informed with all regulations relating to the protection of trees and we are here to help inform and guide all our clients upon the most appropriate course of action.
Tree Preservation Order (TPO)
A Tree Preservation Order is an order made by a local planning authority to protect specific Trees, Groups, Areas of trees or Woodlands in the interests of amenity. In general terms, an Order prohibits the cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of trees without the local planning authority’s written consent.
We have a great deal of experience dealing with TPO’s for tree owners. Applications for work need to be framed in terms of current best practice and need to be reasonable. Where orders have been made incorrectly, a flawed TPO will need to be objected to in line with the Legislation.
Alternatively, we have experience assessing tree work applications and identifying trees worthy of protection on behalf of local planning authorities and can be called upon to undertake reviews of existing orders as outlined in Legislation.
High Hedge Survey
Occasionally, boundary hedges can get out of control, and for some species, this means they can attain large dimensions, which has the potential to blight the enjoyment of both gardens and properties.
Thankfully, there is the possibility of applying for an order to enforce management in certain situations through the High Hedge Act (2004). We are experienced in dealing with claims and management of hedges both on sites which are experiencing problems from neighbouring hedges and in situations where spurious claims are made against reasonably located and managed hedges.
Please feel free to contact us and discuss your problems in relation to hedges.
Valuation Tree Survey
“How much is your tree worth, this may help consider why you should invest in it.”
The valuation of trees may call upon a number of different valuation methods, and so the question “What is a tree worth?” needs to be answered, particularly where trees can be damaged or removed unwantedly, there can be a need to seek compensation or to understand what the value of a tree or trees is in monetary terms prior to removal.
Against this background, a number of alternative approaches have been advocated for the valuation of trees, and are in use in the UK and we have training and experience in all of the following:
- The Helliwell System Of Tree And Woodland valuation.
- The Council of Tree and Landscape Appraisers CTLA)
- The Capital Asset Value For Amenity Trees (CAVAT)
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LOCAL, TRUSTED, EXPERIENCED
Why Choose Barnes & Associates
30+ Years of Expertise
Proven track record in arboriculture and landscape consultancy across the UK and Ireland.
Comprehensive Services
From tree health surveys to landscape design, covering all client needs.
Holistic Approach
Balancing safety, health, and aesthetics for effective, practical solutions.
Local Knowledge
Extensive expertise in Yorkshire and surrounding areas for region-specific projects.
Qualified Professionals
Team includes Registered Consultants, Chartered Landscape Architects, and Environmentalists.
Advanced Diagnostics
Cutting-edge tools like tomography, dynamic tree testing, and ground-penetrating radar.
Tailored Solutions
Client-focused, turning challenges into opportunities with innovative ideas.
Sustainability Focus
Promoting environmental conservation through woodland plans and strategic planting.
TREE STRUCTURES & TREE LAW
Frequently Asked Questions
What is the law regarding tree ownership and boundaries?
If a tree’s trunk is located entirely within your property boundary, it belongs to you. However, if the trunk straddles a boundary, it may be jointly owned by both property owners.
Am I allowed to cut back overhanging branches from a neighbour’s tree?
Yes, you can cut back branches that overhang your property, but only up to the boundary line. The cut branches legally belong to the tree owner and should be returned unless otherwise agreed.
What should I do if a tree on my property is causing damage to a neighbour's property?
If your tree causes damage, such as cracked walls or subsidence, you may be liable for the cost of repairs. Regular maintenance can help prevent these issues.
Do I need permission to remove a tree on my property?
Trees in conservation areas or those protected by Tree Preservation Orders (TPOs) require permission from your local council before any work can be carried out.
What are Tree Preservation Orders (TPOs), and how do they affect me?
A TPO is a legal protection for trees, preventing their cutting, uprooting, or pruning without prior approval from the local authority. Check with your council to see if a tree on your property has a TPO.
Who is responsible for maintaining trees near public roads or pathways?
Property owners are responsible for ensuring their trees do not pose a hazard to public roads or pathways. Local councils may intervene if trees are unsafe.
Can I be held liable if a tree from my property falls and causes damage during a storm?
If the tree was healthy and maintained, you are less likely to be held liable. However, neglecting tree maintenance could lead to liability for resulting damage.
What should I do if I suspect a neighbour’s tree is dangerous or diseased?
You should notify your neighbour in writing, expressing your concerns. If they take no action and the tree poses an immediate risk, you may contact the local council or a qualified arborist for advice.
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Locations
Areas We Cover
North Yorkshire
Harrogate | Ripon | Knaresborough | Boroughbridge | Thirsk | Tadcaster | Darlington | Northallerton | York
West Yorkshire
Leeds | Wetherby | Wakefield | Bradford | Dewsbury | Batley | Halifax | Huddersfield
