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  Colin Hunt August 2, 2014 at 6:59pm

  I think both are on pretty shaky ground. Can be VERY expensive if the Council want to make a point!
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  J S CountryTools August 2, 2014 at 8:57pm

  Hi Simon,

  I have three old oak's in my garden with TPO's on them. I'm not 100% on this, but I'm fairly confident based on my dealings with my local council, that I would be the one pursued by the council.
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  Paul McNulty August 2, 2014 at 9:11pm

  I think the contractor is the one who should be aware that some trees potentially have preservation orders. The householder might never have heard of them? Would any one of the people on this forum not know to double-check any tree before touching it?

  The fines are far higher for builders having accidents with JCBs, or tree surgeons knowingly working on a tree that needs permission, than they are for the householder who innocently makes a mistake.

  We are the pros, we take responsibility for our work and advise the client if there's an issue. That's our duty of care.

  I think the grey area is when the householder refuses to name the contractor: then the council will pursue them. It's the same as letting people take your rubbish and fly-tip it: if you choose to use a dodgy company you might be held liable.

  As always, education is the key. When did we last see an information campaign to tell people why they should use a professional tree surgeon?
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  Ian Street August 3, 2014 at 6:25am

  In the news, a year or so ago, similar happened. Householder was found liable. When you buy a house, any trees with TPO's would be highlighted by your conveyancing solicitor. If the Council place a TPO on a tree whilst you own the tree, you would have been advised by them, directly. Last I knew, and that was a very long time ago, the maximum fine was £20,000 for felling a tree with a TPO. The only time you can do anything to a tree with a TPO, including pruning, is when it poses a direct risk to persons or property, but then you need to contact the Council and apply retrospectively, within 7 or 10 days(you would need to check the time scales). They will then inspect. However, they may decide that you were wrong...(always take before pictures, lots of them!), and apply a fine. Very, very difficult area.
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  Simon Land August 3, 2014 at 10:54am

  Thanks all. What I didn't realise until recently is that TPOs aren't just necessarily put on old trees.
  
  Friend on mine just purchased on an estate that was maybe built 10years ago and he has a TPO on a single overgrown laurel in his small front garden!
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  Chris Auld August 3, 2014 at 11:07am

  When I get asked to carry out work on any tree which I suspect may have a TPO on it, even if theres only a small chance I will ALWAYS check with the local authority first. In my opinion anyone who carries out tree work should have the sense to do this, it should not be the clients job, many people I talk to don't even know what a TPO is, let alone how to get permission to work on a protected tree. All it takes is a simple email and you can rest in the knowledge that you are doing everything by the book.
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  Paul McNulty August 3, 2014 at 11:24am

  An area near me has a blanket order over it. Any tree more than 100mm diameter 1 metre from the ground is included.

  It's totally unworkable, as it's ignored by many, but the council are overwhelmed with applications for things like laurels to be pruned.