If a protected tree may fall or shed dangerous limbs, keep people and vehicles out of the likely fall area and contact the appropriate emergency service or public authority if there is an immediate threat. Do not approach, climb, or try to cut an unstable tree. The rules for protected trees vary by location; England’s Tree Preservation Order (TPO) process is only one example, so check with the authority responsible for the tree’s location before arranging work unless urgent action is needed to address an immediate danger.
What to do first if a protected tree may be dangerous
- Keep clear. Move people and vehicles away from the tree and any limbs that could fall. Do not approach it to inspect damage or collect photographs.
- Get urgent help if there is an immediate threat. Contact the appropriate local emergency service or public authority if people or property face immediate danger. For a tree on a neighbor’s property, Toronto’s guidance says to stay away and immediately notify the owner.
- Identify the authority responsible for the site. Contact the local planning, tree, or other relevant authority to ask whether the tree is protected and what rules apply. The right process depends on where the tree stands and the type of protection.
- Do not treat damage alone as permission to remove or prune it. If there is no immediate serious danger, pause work until you have checked whether consent or notice is required.
These steps are not a substitute for local emergency guidance. Protection categories and emergency procedures differ between jurisdictions.
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Why the rules depend on where the tree stands
“Protected tree” can refer to different legal protections. In England, a tree may be covered by a Tree Preservation Order or by rules applying in a conservation area. Other places have their own categories and procedures. Check the official records or contact the authority responsible for the tree’s location rather than assuming that rules from another country apply.
Toronto illustrates the difference: its official storm-damage guidance says a permit is not required there to remove an imminently hazardous tree, even when it is protected. That local rule is not a general rule for other places. See Toronto’s storm-damaged tree guidance.
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England: the TPO rules and urgent-risk exception
This section applies to England, not to trees in other jurisdictions. A Tree Preservation Order is made by an English local planning authority to protect specified trees, groups, or woodlands for amenity. Under the national guidance, written consent from the local planning authority is generally required before cutting down, topping, lopping, uprooting, wilfully damaging, or wilfully destroying a TPO-protected tree. Root cutting is also treated as prohibited work requiring consent, and permission may include conditions. See GOV.UK guidance on Tree Preservation Orders and trees in conservation areas.
If there is an immediate risk of serious harm
The urgent exception is narrow: work must be urgently needed to remove an immediate risk of serious harm. It is not a general waiver for a tree that is damaged, inconvenient, or considered dangerous without that urgent threshold being met. Do only what is needed to remove the immediate risk. The national guidance says: “Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary.”
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Give the local planning authority written notice as soon as practicable after the need for work arises. If the situation is not an immediate risk of serious harm, do not rely on this exception; ask the authority what permission or notice is required.
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Do not assume that every dead or damaged protected tree can be removed without following a process. GOV.UK describes a separate requirement for five working days’ prior written notice before work on certain dead trees, unless the urgent-risk exception applies. Dead branches on a living tree have a separate exception. Check the specific rule with the authority before work if the situation is not an urgent risk of serious harm.
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For work that is not an emergency
Apply for written consent before carrying out work that requires it. The application should identify the tree, specify the proposed work, explain the reasons, and include relevant evidence, such as information about the tree’s health, safety, or structural damage. The authority considers the justification and the effect on the tree’s amenity. Unauthorised work can be an offence, so uncertainty about the tree’s status is not permission to proceed.
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If it is safe to do so from a distance, take photographs of the damage. Keep contractor details and any written assessment from a qualified tree surgeon or other competent arboricultural professional. Birmingham’s guidance says photographs and a tree surgeon’s written report can help establish that emergency work was essential. Do not put yourself at risk to gather evidence.
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Arboricultural advice can help establish the tree’s condition and what work is appropriate. A report or contractor’s recommendation does not replace consent or required notice from the relevant authority.
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In England, tree work may also be subject to wildlife protections. If you are unsure, GOV.UK advises seeking advice from the local authority or Natural England. Ask the authority whether any further notice, application, or replacement-planting requirement applies to your case.
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