Do I Need Permission for Dead Wood Removal or Carry Out Crown Clearing on My Property?

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If you’re a homeowner, gardener, or even a professional landscaper in Scotland, you might be wondering: “When can I legally trim or use a Dead Wood Removal Service on my land?” The rules aren’t always obvious, and getting it wrong can be expensive.

Let’s break it down—no jargon, no fluff—just clear, practical advice.

1. The Short Answer: It Depends

Most of the time, crown clearing and dead wood removal and light pruning don’t need permission. But there are big exceptions:

Tree Preservation Orders (TPOs) – Your council can slap these on any tree, even in private gardens.
Conservation Areas – Even if there’s no TPO, you might still need to notify the council.
Wildlife Protection – Disturb a bat roost or nesting bird? That’s a criminal offence, full stop.

“But It’s My Land—Why Can’t I Do What I Want?”

Good question. Scotland takes tree protection seriously. The law sees mature trees as part of the wider environment, not just your property. There are severe penalties in place for those not adhering to the legal requirements to protect our environment. Often a chat with a certified Tree Surgeon can offer solutions to improve lighting and even manage larger trees to benefit not only your garden but also those around while keeping the trees on the land.

2. When You Definitely Need Permission for Dead Wood Removal?

✔️ If There’s a Tree Preservation Order (TPO)

TPOs aren’t just for ancient oaks—they can cover any tree a council deems important. How do you check?

Search your council’s website (Edinburgh, Glasgow, and Highland all have online maps for Tree Preservation Orders and Conservation Areas).
Call the planning department—they’ll confirm in minutes.

✔️ If You’re in a Conservation Area

Even if there’s no TPO, you must give the council 6 weeks’ notice before cutting anything. They can then decide if they want to protect it.

Skip this and you may end up being fined and forced to plant more trees to replace the one cut down.

✔️ If Protected Wildlife is Present

Bats, nesting birds, and red squirrels are legally protected. If you disturb them, you could face:

Fines (up to £5,000 per bat roost).
Even prosecution under the Wildlife and Countryside Act 1981.

Pro tip: If you see birds nesting, wait until autumn. If you suspect bats, get an ecologist’s report first.

3. When You Don’t Need Permission

✅ Dead or Dangerous Trees

Dead Wood Removal is often necessary to be removed once an owner becomes aware of it. This not only protects you, your family and home, but also allows you to plan for the future of your garden.

If a tree is immediately hazardous, you can usually remove it without permission—but you’ll need proof. Take photos before cutting. The council may agreed it is an emergency—but may still ask for documentation.

✅ Routine Pruning & Small Jobs

Light trimming? No problem. But don’t go overboard—crown reductions over 20% might still count as “tree work” under some TPOs. A tree surgeon will know what size branch may be removed and what needs to stay, and most importantly, how the weight of a tree shifts depending on what is cut from it. You may want to consider how a crown reduction improves your garden.

4. How to Stay on the Right Side of the Law

Check for TPOs – Use your council’s online map or call them.
If in a conservation area, submit a notice – It’s free, and it buys you time.
Look for wildlife – No nests? No bats? Good to go.
Get a professional opinion – A certified arborist can spot risks you might miss.

The last point normally costs very little and you will be better informed in the future. Most Arborists offer free quotes and are happy to discuss your tree needs and garden requirements. A business who is keen to have satisfied customers doesn’t mind offering advice.

It will be in their interests to assist you now, rather than when things go wrong and they have to be called out in an emergency later on.

Final Thought: Better Safe Than Sorry

Need Help?

Find your council’s TPO checker here (I’ve listed the major ones above).
Unsure about wildlife? Contact NatureScot.

Got a tree dilemma? Drop a comment below—I’ll help if I can!