Can I stop my neighbour building close to my tree?

You may be able to depending on the importance of the tree, the nature of the building proposed and distance between the proposed building and the tree in question.

HA Trees And Development 10
HA Trees And Development 10

Can I stop my neighbour building close to my tree?

You may be able to depending on the importance of the tree, the nature of the building proposed and distance between the proposed building and the tree in question.

If the building work proposed requires planning consent, all trees which could potentially be affected by the development (including those on adjoining property) should be assessed by an arboricultural consultant in accordance with British Standard BS5837:2012 

When planning permission is required

If the development requires planning permission, trees that could be affected should be assessed using BS 5837 – Trees in relation to design, demolition and construction. 

The planning authority should consider this information when deciding the application. 

Protected trees

If your tree is protected, your neighbour must not damage it and may need permission before building work begins. 

If the work proposed does not require planning consent, it may be less easy for you to influence. If your tree is protected by a Tree Preservation Order (TPO) or is located within a conservation area, legislation relating to tree protection overrides that of permitted development rights, and developers will risk prosecution if protected trees are damaged.  

If you consider that your tree provides sufficient public amenity value to warrant protection by a TPO, you can make a formal request to the Local Planning Authority to place a TPO on your tree. 

What you can do

  • Check if the tree is protected 
  • Review planning applications 
  • Raise concerns with the planning authority 
  • Seek professional advice 

When to seek professional help

If: 

  • The tree is large, valuable, or protected 
  • You are concerned about root damage or future stability 

An arboricultural consultant can advise and prepare supporting evidence. 

Next steps