Why do trees matter when buying a house?
Trees bring benefits and responsibilities. For many buyers, established trees in the garden are a welcome prospect, as mature trees add to a property's appearance, provide shade and improve air quality.
Several considerations come with them in the UK: legal protection, liability, maintenance costs, and the risks of subsidence and collapse. A house with a tree-filled garden should meet practical, legal and financial requirements, not only a love of nature.
Seen cracks at a home you are buying? Get a survey price for the home you are buying.
What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is an order made by a local planning authority (LPA) in England to protect specific trees, groups of trees or woodlands in the interest of amenity.
If a tree is subject to a TPO, consent from the LPA is required before cutting down, topping, lopping, uprooting, wilfully damaging or destroying it.
Who is liable if a tree causes damage?
The tree owner may be held liable if a tree on their property causes harm to people or damage to property. A tree risk assessment helps a buyer understand the potential risks and liabilities.
Root spread is another legal consideration. Roots do not stay within boundary lines and can spread into neighbouring properties. If a tree causes structural damage through root spread, legal disputes can follow.
How can trees cause subsidence?
Large trees, particularly willow and poplar, absorb large quantities of water, which can dry out and shrink the soil. Subsidence is a slow sinking of the ground, mainly due to soil shrinkage, and as the ground slopes or sinks it can cause substantial structural damage.
This risk is why a thorough property survey matters before a purchase is finalised. A detailed survey can reveal the tell-tale signs of tree-induced subsidence, so steps can be taken to deal with it.
Can a tree in the garden fall and cause damage?
Yes. A structurally weak or diseased tree can pose a risk of collapse, with potential costs if a falling tree damages property or, worse, injures someone.
Regular tree inspections and timely intervention can reduce this risk. The conveyancing solicitor should be able to advise on specific insurance requirements relating to tree-related hazards.
How much does tree maintenance cost?
Tree maintenance can incur substantial costs, depending on the tree's size, species, health and surroundings. It involves regular pruning, removing dead or diseased trees, and monitoring the health of the trees.
These costs add to a property's overall running costs, and factoring them into negotiations may help secure a better price.
What to do next when buying a house with trees
- Check whether any tree is protected by a TPO, and understand the exact nature of the order.
- Consider a tree risk assessment to understand the risks and liabilities.
- Note large trees near the house, particularly willow and poplar, and any trees near boundaries.
- Commission a thorough property survey to look for the signs of tree-induced subsidence.
- Ask the conveyancing solicitor about insurance requirements for tree-related hazards.
- Factor tree maintenance costs into negotiations.
What a survey can — and cannot — tell you
A building survey provides an informed assessment of the visible condition of a property. Inspections are non-intrusive and limited to areas that are accessible at the time of inspection.
Where there are established trees, a detailed survey can reveal the tell-tale signs of tree-induced subsidence before the purchase is finalised.
The surveyor can look at and record:
- Large trees close to the property, including willow and poplar
- Visible signs of subsidence and structural damage to the building
- Trees near boundaries whose roots may spread into neighbouring properties
However, there are limitations to what a survey can determine without intrusive investigation.
- Root spread below ground cannot be seen.
- A tree's structural strength and health need a tree risk assessment.
- Whether a tree is protected by a TPO is confirmed with the local planning authority.
Where higher-risk indicators are identified, further specialist or intrusive investigation may be recommended.
Frequently asked questions
Can you cut down a tree with a TPO?
Only with consent from the local planning authority, which is needed before cutting down, topping, lopping, uprooting, wilfully damaging or destroying a protected tree. Failure to comply can lead to legal action and hefty fines.
Which trees are most likely to cause subsidence?
Large trees, particularly willow and poplar, absorb large quantities of water. This can dry out and shrink the soil, causing the ground to slope or sink.
Are you responsible if a tree in your garden damages a neighbour's property?
The owner may be held liable if a tree on their property causes harm to people or damage to property. Structural damage from root spread can lead to legal disputes.
Can a survey spot tree-related subsidence?
A detailed survey can reveal the tell-tale signs of tree-induced subsidence, allowing steps to be taken before the purchase is finalised.
What does tree maintenance involve?
Regular pruning, removing dead or diseased trees, and monitoring tree health. The cost depends on the tree's size, species, health and surroundings.
