Trees are a fundamental part of a healthy natural environment. They provide many benefits to people and animals and are a key resource in the face of a changing climate. Fife is full of trees, woodland, and greenspaces, which help to form Fife’s character.
Trees can live for hundreds of years and grow to great heights, becoming integral parts of the landscape and natural heritage of an area.
If you're planning to carry out work you must first consider whether the tree is protected by a Tree Preservation Order, within a conservation area, covered by planning conditions, or will be subject to felling licence requirements.
Please note that it is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destruct (including the roots) protected trees without prior permission from Fife Council. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or, for a more serious offence, an unlimited fine.
To check if a tree is protected by a tree preservation order or by being within a conservation please see our tree protection map. To check if a tree is protected by a Planning condition please see our online planning system or refer to our property history service.
Types of Tree Protections
Tree Preservation Orders
Tree Preservation Orders or ‘TPOs’ are legal protections created by the Local Planning Authority, under Section 160 of the Town and Country Planning (Scotland) Act 1997, and within the procedures set out in the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975-1984. These are created to protect trees which have been deemed to hold great ‘amenity’ value, which refers to the impact a tree or woodland has on its local landscape context, be it built or natural, urban or rural. Due to the high costs involved in the process of Tree Preservation Orders, they are typically created to protected trees and woodlands of exceptional quality, character, or rarity, where a threat exists to future retention.
Undertaking works to trees or woodlands protected by TPOs without first gaining formal consent from the Local Planning Authority, and causing damage both willingly or negligently, could incur significant fines.
Conservation Area
Conservation Areas are areas of exceptional character and historic or natural heritage. Due to the way in which trees and woodlands can sculpt an area and change how it looks and feels, trees (of 75mm or greater in diameter) in Conservation Areas are protected. Similar to Tree Preservation Orders, if tree works or felling is required, prior formal consent must first be sought from the Local Planning Authority.
Planning conditions
If your property was built in or after the mid-1970s the trees within your property may also be protected by planning conditions. These conditions may state that you will need local authority consent to undertake works or felling to trees within the development. If the relevant condition applies you will have to make a written request and apply to undertake the work.
This process will involve providing information on the trees to which works will apply and describing what works are desired and what conditions exist which affect these potential works. More information is provided in the How to Apply for Works to a Tree section.
Felling Licence
Felling Licence requirements apply if, for example, more than five cubic meters of timber is to be removed from a woodland within a calendar quarter. Felling Licences are a separate form of tree protection, and if a Tree Preservation Order exists also, permission will be needed from both the Local Planning Authority and from Scottish Forestry.
If any of the above apply, then you must apply for consent for any tree work.
Overhanging branches
If branches are overhanging onto your property, then you may prune these, but you must ask your neighbour if they want to keep the trimmings or cuttings. If the tree is protected, then permission is still required prior to any pruning works.
Fife Council’s Getting to the Root of the Issue Trees in Fife publication contains more detailed information regarding overhanging foliage.
Structural damage caused by neighbours trees
If you believe that a neighbour’s tree is leading to structural damage to your property, through contributing to desiccation of clay rich soil for example, a structural engineer or an arboriculturalist with technical expertise in structural issues should be consulted to investigate and confirm or deny your suspicions.
Useful Links
If you live in Fife and care about protecting Fife’s trees and increasing Fife’s woodland spaces, the following resources may be useful.
Tree-Related Training Padlet | Climate Action Fife – Climate Action Fife, Collation of resources and training information on trees.
Arboricultural Association - Find a Professional
Fife Tree Wardens - a voluntary group who undertake tree planting and participate in many types of tree and woodland based activities
Fifes Open Green Map Site - If you are particularly fond of a tree or woodland and want to add it to the map for others to enjoy, or if you know of an open space where further tree planting could take place.
Climate Action Fife - If you are concerned about climate change in Fife and want to know more or get involved in some conservation based activities.
