To ensure that tree felling is carried out for the right reasons, it is subject to two main pieces of legislation which act as a control and check on most tree felling operations. From 2007, the Habitats Regulations may also impact any tree felling that needs to be carried out.

Tree Preservation Orders

Tree Preservation Orders (TPOs) are used by the local Borough or District Council to safeguard landscape and amenity. They can be applied to woodlands as well as to single trees or groups of trees. They can cover trees of any size. Permission must be sought to carry out any type of work on the trees. Even building work near protected trees which may cause a significant impact on their health will need permission.

To find out whether particular trees or woodlands are protected by a Tree Preservation Order contact your local district or borough Tree Officer.

More details on TPOs and protected trees can be found on the Communities and Local Government website.

Felling Licences

Felling Licences are administered by the Forestry Commission and are designed to ensure that any planned felling fits with current best practice and that felled trees are replaced with young trees. Very small sized or small numbers of trees may not need a felling licence. Felling Licences are commonly included within a Woodland Grant Scheme.

For further details or a free publication called Tree Felling: Getting Permission, contact the Forestry Commission on 01420 23337.

Habitats Regulations

The Habitats Regulations come from the EU Habitats Directive. Under the Habitats Regulations it is an offence to kill or cause significant disturbance to a protected species, or to deliberately destroy their eggs. It is also an offence to 'damage or destroy a breeding site or resting place' used by them. This includes a bat roost in a tree or dormouse nest on the woodland floor. In 2007 the regulations were tightened up, so it is an offence to cause damage to a protected species even if it is 'an incidental result of a lawful operation' and reasonable precautions have been taken to avoid damage.

Species protected under the habitats regulations that can occur in woodland are:

• all 17 species of bat
• dormouse
• great crested newt
• otter
• sand lizard
• smooth snake

Woodland managers need to consider the presence of protected species and follow good practice guidance to avoid committing an offence.

The Forestry Commission website contains more details and guidance.

Advice for gathering firewood

Always contact the landowner to ask for permission before gathering firewood. Even common land may have bye-laws that restrict this practice. Dead wood is an important habitat, so this may mean that foraging for wood is discouraged on some sites.

Some sites, including those managed by the Surrey Wildlife Trust, may leave wood from woodland management in piles so that people can help themselves. Other woods in your area may be owned and managed by your local district or borough council.