The Law on Illegal Tree Felling: What Homeowners and Developers Need to Know

There’s been an important change to UK tree law that everyone who owns or manages land should know about.

From 2023, penalties under the Forestry Act 1967 have been made much tougher.
That means anyone who cuts down trees without the right permission could now face unlimited fines — and in serious cases, even a prison sentence.

So why has this happened, and what does it mean in real life?


Why the law has changed

Over the years, there have been too many cases of trees or woodland being cleared illegally — sometimes by mistake, sometimes deliberately.

In some cases, trees were felled to make development land look “clearer” or more valuable. The penalties used to be small, so some people took the risk.

But trees are vital for wildlife, air quality, flood prevention, and carbon storage. The government and the Forestry Commission decided the old penalties weren’t strong enough to protect them.

So, the rules have changed — and the consequences are now much more serious.


What’s new

If you fell trees without a licence (and no valid exemption applies):

  • You can now face an unlimited fine — there’s no maximum amount.

  • You may also be ordered to replant the area (this is called a Restocking Notice).

  • If you ignore a Restocking Notice, you could face court action or even prison.

  • These notices are now registered against the land, meaning they show up on property searches — a red flag for buyers, developers, or lenders.

In short: illegal felling can now cause major financial and legal problems that follow the land for years.


🏡 Homeowners

If you’re thinking about removing a tree in your garden, don’t worry — felling licences don’t apply to trees within private gardens, so you won’t need one for most domestic work.

However, many garden trees are protected in other ways:

  • If a tree has a Tree Preservation Order (TPO), or

  • If your property is in a conservation area,

you’ll need permission from the local council before any work takes place.
Carrying out work without that consent can still lead to heavy fines and legal action.

So while the new Forestry Act penalties mainly target larger-scale or commercial felling, homeowners should still check whether a tree is protected before pruning or removing it.

A qualified tree surgeon can do this for you quickly — and make sure the work is legal, safe, and properly documented.


🏗️ Developers and Landowners

For anyone preparing land for building or clearance, these changes are especially important.

You must make sure any felling is licensed or clearly exempt.
“Clearing a site” before planning permission doesn’t get you off the hook — and an illegal felling notice can stop a project in its tracks, delay finance, and damage reputations.

Restocking orders and enforcement notices can also now appear on land searches, meaning buyers could inherit liabilities from previous felling.

In short, it’s never been more important to check the legal status of any trees on a site before starting work.


The safe (and sensible) route

Before carrying out any tree work, always get proper advice.
A qualified, insured, and experienced tree surgeon will:

  • Check whether a felling licence, TPO, or conservation consent is needed

  • Handle applications with the council or Forestry Commission if required

  • Carry out the work safely and legally

  • Provide all the paperwork to show compliance

At Woodfelder Tree Care, we handle these checks as part of every job — saving our clients the stress, risk, and potential fines that can come from getting it wrong.


🌲 The takeaway

The government has made it clear: illegal felling is no longer a “slap on the wrist” offence.
Unlimited fines and even prison sentences are now on the table.

If in doubt, don’t take a chance — speak to a qualified tree surgeon first.
It’s safer for you, your property, and the trees we all depend on.


Woodfelder Tree Care – Manchester’s Most Reliable Tree Surgeons
✅ CHAS Advanced Accredited
✅ Fully Insured
✅ Professional Advice on Tree Protection and Permissions
📞 0161 327 3011 | 🌐 woodfeldertreecare.co.uk