Tree legislation & compliance

Stay up to date with UK tree management standards, legal duties, and best-practice guidance – all in one place.

Services > Arboriculture & Tree Services > Tree Legislation & Compliance

At Gristwood & Toms, we know that managing trees isn’t just about good arboriculture – it’s about meeting your legal duties and demonstrating a clear duty of care. This hub brings together the key UK regulations, standards and guidance that affect tree ownership and management, with plain-English explanations and links to official sources.

Whether you’re responsible for a single site or a national estate, our aim is to make tree compliance simpler, clearer, and easier to evidence.

Key tree legislation overview

A number of laws and standards shape how trees should be managed for safety, conservation and development. The table below summarises the most important frameworks and who they apply to.

Note: This is a high-level overview, not legal advice. For site-specific interpretation, you may wish to seek independent legal or planning guidance.

Regulation/standard	What it covers	Who it applies to
BS 3998:2010 – Tree Work: Recommendations	Guidance on tree pruning, felling & maintenance	All tree contractors
BS 5837:2012 – Trees in Relation to Construction	Tree management & protection during development	Developers, planners
Occupiers’ Liability Acts (1957 & 1984)	Landowners’ duty of care for tree safety	Landowners, councils
Wildlife & Countryside Act 1981	Protects nesting birds, bats & habitats	All tree works
Countryside and Rights of Way Act 2000	Adds biodiversity duties	Councils, landowners
Town & Country Planning Act 1990 – TPO Guidance	Permissions required for protected trees	Developers, landowners
Health & Safety at Work Act 1974	Worker & public safety obligations	Employers, councils

How tree legislation has evolved

Tree-related duties have developed steadily over the last few decades. This timeline gives you a quick view of how the main pieces of legislation and guidance fit together – from the original Occupiers’ Liability Act through to Biodiversity Net Gain.

1957

Occupiers’ Liability Act

Establishes duty of care for landowners regarding tree safety.

1981

Wildlife & Countryside Act

Protects nesting birds, bats, and wildlife habitats during tree work.

1984

Occupiers’ Liability Act (Amendment)

Extends duty of care to trespassers; reinforces risk management.

1990

Town & Country Planning Act

Introduces Tree Preservation Orders (TPOs) and Conservation Area restrictions.

1997

Health & Safety (PUWER)

Requires safe equipment use in arboriculture.

1998

LOLER Regulations

Sets standards for climbing and lifting equipment used in tree work.

2000

Countryside & Rights of Way Act

Expands biodiversity duties for councils and landowners.

2007

BS 5837: Trees in Relation to Construction

Guidance for protecting trees during building works.

2010

BS 3998: Tree Work – Recommendations

Defines good arboricultural practice and pruning standards.

2014

Health & Safety at Work Act Enforcement Updates

Reinforces employer duties to ensure safe working environments.

2020

Tree Risk Management Guidance (NTSG / HSE)

Sets principles for proportionate tree risk management.

2021

Environment Act

Introduces mandatory Biodiversity Net Gain for new developments.

2024

BS Updates & BNG Implementation

Integration of BNG requirements and updated surveying standards.

Tree safety and inspection: a proportionate approach

Tree safety is about taking a proportionate, evidence-based approach that demonstrates compliance under the Occupiers’ Liability Acts (1957 & 1984) and the Health & Safety at Work Act 1974. At Gristwood & Toms, we follow a structured Visual Tree Assessment (VTA) process to identify, record and act on potential risks — keeping your estate safe, compliant and well maintained.

Our Visual Tree Assessment (VTA) process

We use a four-step inspection cycle designed to ensure consistency, transparency and auditability across every site:

Observe

Ground-level visual assessment (with binoculars and cameras where required).

Record

Findings logged digitally, including species, condition, defects and recommended priority.

Report

Clear inspection outputs, risk categories and recommended actions via Ezytreev dashboards and reports.

Action

Remedial works or maintenance scheduled and completed by our certified arborists.

How often should trees be inspected?

Inspection frequency depends on land use, risk exposure and your legal responsibilities as a landowner or duty holder. The table below provides general guidance aligned with industry best practice. We tailor inspection cycles to your specific portfolio and risk profile.

Site type	Suggested frequency	Responsible party
Schools & playgrounds	Annually	Site/facilities manager
Public parks & open spaces	Every 2-3 years	Local authority / estates team
Highways & roadsides	Every 12-18 months	Highways department
Commercial estates	Every 3 years	FM / property manager
Low-use woodland	Every 5 years	Landowner

Having a documented inspection regime carried out by qualified surveyors is one of the strongest defences in the event of an insurance or HSE investigation.

When should you call in a professional tree surveyor?

Certain events and site conditions should trigger a professional tree inspection. Acting early helps prevent structural damage, reduces risk to the public, and protects you from potential legal and insurance liabilities.
You should consider instructing a qualified arboricultural surveyor when:

Severe weather or storm damage has affected trees on or near public areas.
You are planning or undertaking development (BS 5837 sites).
You notice declining tree health (dieback, leaf loss, fungal growth, cracking).
There has been a subsidence or insurance claim potentially linked to trees.
Trees are located in high-use public access areas under your control (schools, parks, highways, retail car parks).

Quick checklist – 5 signs you need a tree survey

Visible cracks or cavities in stems or main branches

Trees leaning or moved after storms

Nearby construction, excavation or level changes

Trees overhanging roads, play areas or high-footfall routes

Soil movement, cracking or signs of subsidence near trees

Book a professional tree survey

Ensure your estate is safe, compliant and fully documented by qualified surveyors.

Technology that underpins compliance

Digital technology has transformed how tree risk is managed. Gristwood & Toms’ use of Ezytreev – a leading tree and asset management platform – gives clients complete visibility over inspections, risks and maintenance activity.

With Ezytreev, every tree is mapped, scored and auditable:

Mapped assets – Each tree is geo-referenced and plotted on a digital map.
Digital inspections – Surveyors capture data and risk scores in real time on mobile devices.
Instant reporting – Condition summaries, inspection schedules and prioritised works lists can be produced at the click of a button.
Live dashboards – Clients can see inspection progress, outstanding actions and risk by site, region or portfolio.

This combination of expert arboriculture and robust data gives you a clear, defensible position against your legal duties, while making ongoing tree management more efficient and predictable.

Important: This hub provides general information on tree-related legislation and best practice. It does not constitute legal advice. For formal interpretation of the law or for complex planning, insurance or liability issues, you should seek independent legal or professional advice.