If you want to carry out work on a tree, you may need permission first.
Some trees are protected because they make an important contribution to the local area. Protection can apply through a:
- Tree Preservation Order (TPO)
- Conservation Area
- planning condition attached to a planning permission
This page explains how to check if your tree is protected, when you need permission and how to apply.
Check if your tree is protected
Before carrying out any tree work, check whether your tree is protected.
Your tree may be protected if it:
- is covered by a Tree Preservation Order
- is in a Conservation Area
- is protected by a planning condition
You can check this by using our:
- Planning Constraints Map to see if the tree is in a Conservation Area or covered by a Tree Preservation Order
- planning history search to check whether a planning condition protects the tree
The Planning Constraints Map is for guidance only. If you are unsure whether your tree is protected, contact us before carrying out any work.
If your tree is not protected by a Tree Preservation Order, Conservation Area or planning condition, you usually do not need to tell us before carrying out routine tree work. However, other legal protections may still apply.
Apply to carry out tree work
Trees protected by a Tree Preservation Order or in a Conservation Area
Apply through the eDevelopment Scotland website.
Trees protected by a planning condition
Email [email protected] with:
- the planning application reference
- the tree species
- the tree location
- the work you want to carry out
- why you want to carry out the work
What your application should include
Conservation Area notification
Your notification should include:
- a clear description of the work
- enough information for us to identify the tree
We'll decide whether the work would affect the area's character and whether the tree should be protected by a Tree Preservation Order.
Tree Preservation Order application
Your application should include:
- a clear description of the work
- why the work is needed
- a detailed location plan showing:
- the tree
- nearby roads
- the property
- neighbouring properties with house names or numbers
We may ask for more information before making a decision.
If you do not provide enough information, we may refuse your application.
How long does it take?
Conservation Area notifications
Once we receive a valid notification, there is a six-week notice period.
During this time we will decide whether to:
- allow the work to go ahead
- object to the work
- make a Tree Preservation Order
If we do not make a Tree Preservation Order within six weeks, you can carry out the work described in your notification.
If you later decide to carry out different work, you'll need to submit another notification.
Tree Preservation Order applications
We aim to make a decision within eight weeks.
Some applications may take longer if we need more information.
Do not carry out any work until we've given permission.
Emergency tree work
If a tree is dead or poses an immediate danger, you can submit a five-day notice through the eDevelopment Scotland website.
Only use this process when the work cannot wait for the normal application process.
Include as much information as possible, including photographs showing the condition of the tree.
We aim to respond within five working days.
If we agree that emergency work is needed, you'll normally need to plant a replacement tree of the same species in the same location, unless we agree otherwise or an exemption applies.
If we decide the work is not an emergency, you'll need to submit a standard Tree Preservation Order application or Conservation Area notification.
If the tree poses an immediate risk that cannot wait five days, make the site safe first and contact us as soon as possible.
Keep photographs and records of the tree's condition and any work carried out.
Carrying out work without permission
It is a criminal offence to carry out unauthorised work on a protected tree.
You could face prosecution and significant financial penalties.
Request a Tree Preservation Order
If you think a tree is important to the local landscape, you can ask us to consider protecting it with a Tree Preservation Order.
Email [email protected] and include:
- a map or clear description of the location
- photographs of the tree
- why you think it should be protected
- details of any immediate threat to the tree
We prioritise requests based on risk, so it may take some time before we assess the tree.
Get professional advice
A qualified arborist or arboricultural consultant can:
- advise on suitable tree work
- prepare an application
- submit it on your behalf
You can find qualified professionals through:
You may also find these guides useful:
- Trees and Development supplementary guidance
- Planning Portal guidance on writing a good application
- Planning Series Circular 2011/01 Tree Preservation Orders
- British Standard BS3998: Tree Work – Recommendations
Other rules you need to know
Even if your tree is not protected by a Tree Preservation Order, other legal requirements may apply.
These include:
- Felling permission – Scottish Forestry may require a felling licence for larger-scale tree removal.
- Wildlife protection – birds, nests, bats and other protected species are protected by law.
- Common law responsibilities – disputes over boundaries, overhanging branches and nuisance are usually civil matters between neighbouring landowners.
- Occupier's liability – landowners are responsible for managing risks from trees on their land.
- Forestry grant schemes – extra restrictions may apply where woodland receives grant funding.
- Listed buildings and scheduled monuments – you may need additional permissions if tree work could affect a heritage asset or its setting.