If you own land or property that includes trees that are close to a road or pavement, you must make sure they are safe by arranging for them to be regularly inspected, preferably by a specialist. The Arboricultural Association can help you find a tree care professional.
You must take action if a tree on your land:
- stops vehicles or pedestrians using the road or pavement safely
- is dead or might fall down
- blocks the line of sight at a road junction
- blocks streetlights, pelican crossings or road signs.
Page contents
- If a tree on your land overhangs the road
- Before you carry out work on your tree
- If you have received a letter about a tree hazard on your property - Frequently Asked Questions
If a tree on your land overhangs the road
Please trim it back so that there are no low hanging branches. The minimum height allowed for overhanging branches depends on the type of road. The rules are:
- For A roads - you must prune any overhanging branches lower than 7 metres above the road
- For B and C roads - you must prune any overhanging branches lower than 6 metres above the road
- For D roads/unclassified - you must prune any overhanging branches lower than 5.4 metres above the road
- Over footways, pavements and pathways you must prune any overhanging branches lower than 2.3 metres.
To find your road type (classification), see the Surrey Interactive Map, select Roads and transport then Road Network from the menu of the right, select street name and type in your road name; refresh the map and select the road to display your road's details, including a number that starts with a letter which is your road's classification.
The image below shows the rules for the minimum height allowed for overhanging branches by road type, as described above. (Please select the image to see a larger version.)
Before you carry out work on your tree
Please contact us if you or your tree specialist intend to carry out work on your trees from the road or pavement. We want to ensure safety measures are in place to protect you, vehicles and pedestrians.
If your tree is protected by a Tree Preservation Order and you want to carry out work on it. You have to tell your local district or borough Council about the work.
I have received a letter about a tree hazard on my property - Frequently Asked Questions
Why have I received this letter?
Surrey County Council has carried out a survey of highway trees on your road and we have observed a hazard located on land appearing to form part of your property. Our powers as the County Council give us the right to contact you about the hazard and encourage you to take action to remove the threat to the highway.
The trees are not on my property.
The Council makes all reasonable attempts to locate the correct property owner first time. This includes land registry checks. We would also advise that boundary walls and fences do not always accurately denote the true edge of landownership. In the first instance, you should make your own checks against your property deeds. If you still believe there has been an error, please contact us quoting the reference number on the letter.
What do I need to do about the tree?
The tree hazard needs to be removed or made safe. Landowners have responsibility for trees on their land and are required to regularly inspect and take action where hazards are identified.
Where can I get advice?
The Council web page Maintaining our trees offers advice on Highway trees .
You may also wish to seek specialist independent advice through trade organisation such as the Arboricultural Association.
Surrey Trading standards offer a directory of approved suppliers.
Can I ignore the letter?
No.
As a landowner, you have a legal duty of care to ensure that your trees do not present a hazard to people or property. Failure to comply with this duty of care may result in legal action being taken against you.
How much is going to cost?
We are unable to give an estimate, as each case will differ. Please seek quotes from qualified arborists. Surrey Trading standards offer a directory of suppliers approved within Traders4u or you could try the Arboricultural Association.
Is there any financial support?
Unfortunately, we are not aware of any financial assistance for property owners to maintain trees on their land.
Can I use my own contractors?
Yes, the choice of contractor remains entirely at the property owner's discretion.
Why was the survey carried out?
The Council as the Highway Authority has a duty to maintain a safe highway. We routinely survey all highway trees. During our surveys, if we observe a tree hazard on private land which may cause significant harm to highway users, we will notify the landowner
My trees are protected by Tree Preservation Order/Conservation Area
Tree Preservation Orders and Conservation areas are administered by your district or borough Council. Permission will normally be granted to remove a hazard from your tree, if it affects the highway. Please contact your local authority before carrying out the work.
My tree is home to nesting birds or roosting bats
Please inform our specialist supplier of this. They will advise you on all legal protection measures about species and disturbance.
If I carry out the works, does this mean all my other trees are safe?
No. We are primarily concerned with trees on highways land although if we observe a tree on private land during our surveys, we will write to the landowner. However, this does not constitute a full and thorough tree survey for your trees by the highway and you should still arrange for your own tree surveys to be carried out.
Should I inform anybody the defect has been resolved?
Yes, please contact us quoting the reference number at the top of your letter to let us know when the defect has been resolved.
