Statutory Diligence GuideUpdated October 2026

What Is the Fine for Cutting Down a Tree with a Tree Preservation Order?

Statutory Source: Town and Country Planning Act 1990 Section 210
Direct Statutory Answer (The Short Version)

Under Section 210 of the Town and Country Planning Act 1990, cutting down, uprooting, or deliberately destroying a tree protected by a Tree Preservation Order (TPO) carries an unlimited fine in the Crown Court or up to £20,000 in a Magistrates Court. Courts can also confiscate development profits under the Proceeds of Crime Act (POCA).

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Statutory Penalties Under Section 210 of the Planning Act

Deliberate destruction or unauthorized felling of a protected tree is a strict liability criminal offence in the United Kingdom. Ignorance of a TPO's existence is not an admissible legal defence in court.

The Town and Country Planning Act 1990 outlines two distinct levels of criminal offences depending on the nature of the damage inflicted on the tree:

Offence 1 (Total Destruction or Felling): Carrying out works calculated to result in the tree's destruction leads to prosecution under Section 210(2), punishable by an unlimited fine.

Offence 2 (Unauthorized Pruning or Lopping): Carrying out unapproved pruning, crown thinning, or branch removal that does not kill the tree is prosecuted under Section 210(4), carrying maximum fines up to £2,500 per offence.

Statutory Fines & Legal Sanctions for TPO Breaches
Offence TypeLegal FrameworkMaximum Court FineAdditional Sanctions
Felling, Uprooting, DestructionSection 210(2) TCPA 1990Unlimited in Crown Court (up to £20,000 in Magistrates)Proceeds of Crime confiscation order + mandatory tree replacement
Unauthorized Pruning or ToppingSection 210(4) TCPA 1990Level 4 standard scale (up to £2,500)Remedial arboricultural restoration order
Works in Conservation AreaSection 211 TCPA 1990Unlimited in Crown Court (treated as TPO breach)Tree replacement notice (Section 206)
Commercial Developer BreachTCPA 1990 + POCA 2002Unlimited fine + developer profit clawbackCriminal record for directors and contractors

Proceeds of Crime Act (POCA) Confiscation Orders

In recent years, English courts have increasingly applied the Proceeds of Crime Act 2002 (POCA) to prosecute homeowners and developers who fell protected trees to increase property value or unlock land for construction.

Under POCA, the court can calculate the exact increase in property value achieved by removing the tree (e.g. creating space for an extension or improving sea/countryside views) and confiscate that financial benefit in full.

In several high-profile cases across Dorset, Surrey, and London, landowners have faced cumulative fines and POCA confiscations exceeding £100,000 for destroying single specimen trees.

Contractor and Landowner Liability

Both the property owner who authorized the work and the contractor or tree surgeon who physically cut the tree can be prosecuted simultaneously and fined independently.

Statutory Duty to Replant (Section 206)

If a protected tree is removed or destroyed without consent—or even if removed legally under an emergency exemption—the landowner remains under a statutory legal duty under Section 206 of the Town and Country Planning Act 1990 to plant a replacement tree of appropriate size and species at the same location.

If the owner fails to replant, the council can issue a formal Tree Replacement Notice under Section 207, enter the land, carry out planting works, and recover all expenses directly from the owner.

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Town and Country Planning Act 1990 Section 210 under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.