Warning issued to gardeners as cutting 1 tree could lead to £20,000 fine and a lawsuit

Gardeners and homeowners planning home improvements are being urged to check an important detail before cutting back or removing trees near their property, or risk a hefty fine and legal action. Experts say one particular type of tree is causing unexpected problems for homeowners, especially those laying new driveways or clearing space near fences and paths.

According to First 4 Landlord Advice, people have landed in trouble for interfering with trees they thought were safe to cut, only to find out they were legally protected. The issue often arises during routine maintenance or renovations when branches, roots or overhanging limbs get in the way. Even small jobs like trimming can trigger enforcement action, they warn.

The tree at the centre of the warning is the oak, which experts say is one of the most commonly protected species in the UK due to its size, age and location in conservation areas.

A spokesperson from First 4 Landlord Advice said: "We've spoken with several landlords who assumed they could trim or remove an oak tree near their drive without issue.

"What they didn't realise is that damaging a protected tree can lead to serious penalties, even if the work was done in good faith."

Oak trees often grow near driveways and paths and have large root systems that can interfere with paving.

But if they are subject to a Tree Preservation Order (TPO), homeowners must apply for permission before doing any work.

Failing to do so can be a criminal offence under Section 210 of the Town and Country Planning Act 1990.

Fines of up to £20,000 per offence can be issued, and courts may also require the tree to be replaced at the owner's cost.

Garden expert Sophie Willoughby, an RHS-trained horticulturalist, explained: "Oak trees are deeply rooted and grow large, so they often cause issues with nearby structures.

"But they're also some of the most protected trees in the UK. That means you can't touch them without proper approval."

She added: "The belief that 'it's on my land so I can do what I want' often leads to accidental offences. Many homeowners don't even know what a TPO is until they receive a formal letter."

First 4 Landlord Advice recommends always checking with your local planning department to see if a tree is protected before cutting or trimming. Councils often have online TPO maps searchable by postcode.

They also suggest speaking to neighbours if the tree is near a shared boundary and hiring a qualified arborist before starting any work.

A spokesperson added: "Trees are part of the character of a property, but they're also part of the law.

"Whether you're a homeowner or a landlord, make sure you do your checks before lifting a saw. Fines are no joke, and a single mistake could cost you thousands."