Protected trees

Exemptions to the legislation

The law provides for a few exemptions to prosecution, for example if a tree is dead or dangerous, in which case formal authorisation may not be required.

However, landowners should note that the burden of proof to show, on the balance of probabilities, that the tree was dead or dangerous rests with them. We advise landowners using this exemption to send in supporting documentation such as photographs or reports at their earliest convenience.

If landowners are not able to adequately justify the exemption, they will be considered in breach of the regulations and liable to prosecution.