Tree Preservation Orders in Scotland

What is a Tree Preservation Order?

A Tree Preservation Order, usually called a TPO, is a legal designation made by a local planning authority (your council) to protect a specific tree, group of trees, or woodland because of the contribution it makes to the local area. TPOs in Scotland are made under planning legislation — the Town and Country Planning (Scotland) Act 1997 — and give councils the power to control work on protected trees.

What does a TPO mean in practice?

If a tree is covered by a TPO, it’s generally a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy it without the council’s written consent. This applies to work carried out by a homeowner, a landlord, or a tree surgeon acting on their behalf — engaging a professional doesn’t remove the need for consent if a tree is protected.

There are some limited exceptions in law, for example where a tree is dead, dangerous, or where specific statutory exemptions apply, but these are narrow and it’s easy to be wrong about whether they apply to a particular tree. If in doubt, the safe approach is always to check with the council before any work is carried out.

How do I find out if a tree has a TPO?

Each Scottish local authority maintains its own record of Tree Preservation Orders, often as a map or register that covers their area. Because we work across the whole of Scotland, the right place to check depends on where the tree is — the relevant council’s planning or tree services pages are the definitive source. We’re happy to advise on what to check for a specific property, but the council holds the authoritative record.

What if I want to carry out work on a protected tree?

You (or we, on your behalf) can apply to the council for consent to carry out specific work. The council will usually want to know what work is proposed and why. Timeframes vary, so it’s worth checking well before you need the work done, particularly for anything that isn’t urgent.

Emergency and dangerous trees

Where a protected tree poses an immediate risk to safety, there are separate provisions that can allow urgent work to be carried out, but the rules around what counts as sufficiently urgent are specific and it’s important to get this right. If you believe a protected tree is dangerous, contact us and we can advise on next steps — this is not something to guess at, since the wrong assumption can still result in an offence even in an emergency situation.

Related reading

• Trees in Conservation Areas
• Do I need permission to cut down a tree?
• Neighbour tree responsibility in Scotland

This guide is general information, not legal advice, and rules can change — always confirm the specific position for your tree with your local council before carrying out work. Get in touch and we can help you work out what to check.