Understanding Tree Preservation Orders (TPOs) When Purchasing Property in Orpington

When purchasing a property in Orpington, trees on the land or neighbouring properties can significantly impact your decision-making process. While mature trees can enhance a property’s aesthetic appeal and increase its value, it’s crucial to understand whether they are protected by a Tree Preservation Order (TPO). Ignoring the implications of a TPO can lead to legal and financial consequences. In this blog, we’ll explore the importance of TPOs, their implications, and how they should factor into your property purchase.

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is a legal protection issued by the local council to safeguard specific trees, groups of trees, or woodlands. It prohibits cutting down, topping, lopping, uprooting, or wilfully damaging a protected tree without prior approval.

Why TPOs Are Important

• Environmental protection: TPOs help preserve trees that contribute to local biodiversity and air quality.

• Aesthetic value: Protected trees often enhance the character and appeal of the local area.

• Prevent unnecessary loss: TPOs ensure that trees are not removed without valid reasons, maintaining the area's green spaces.

Pro Tip: Contact Bromley Council to check if a tree is subject to a TPO before making any decisions about its maintenance or removal.

2. Implications of Cutting a Tree with a TPO

Breaching a TPO is a serious offence with potentially severe consequences. Homeowners must understand their responsibilities to avoid legal issues.

Legal and Financial Consequences

• Fines: Cutting down or damaging a protected tree without permission can result in fines of up to £20,000 for each tree.

• Criminal record: In severe cases, unauthorised actions can lead to prosecution and a criminal record.

• Restoration orders: You may be required to replace the tree, which can be costly and time-consuming.

Impact on Property Value

• Removing a TPO-protected tree without authorisation can negatively affect your property’s value, as prospective buyers may see it as a liability.

3. How to Check if a Tree is Protected by a TPO

Before purchasing a property in Orpington, it’s essential to investigate whether any trees on the land or neighbouring properties are subject to TPOs.

Steps to Verify TPO Status

1. Request information from the local council: Contact Bromley Council’s tree officer to confirm if a TPO exists.

2. Search online: Many councils provide online mapping tools that display TPO-protected trees.

3. Ask the seller: The property seller should disclose any TPOs during the transaction process.

4. Hire a surveyor: A qualified surveyor can identify TPOs and assess the potential implications for your property.

Pro Tip: Include TPO checks as part of your due diligence when purchasing a property to avoid unexpected surprises.

4. TPOs and Neighbouring Properties

Even if trees on your property aren’t subject to a TPO, nearby trees can still affect your property purchase.

Potential Issues

• Overhanging branches: You’ll need permission to prune branches from a TPO-protected tree, even if they extend into your property.

• Root systems: Tree roots from neighbouring properties can cause structural damage or interfere with landscaping plans.

• Shared responsibility: In some cases, you may share responsibility for the upkeep of protected trees.

Pro Tip: Open communication with neighbours and council officials can help resolve potential issues amicably.

5. Purchasing a Property with TPO-Protected Trees

Owning a property with TPO-protected trees is not necessarily a disadvantage. These trees often enhance the property’s visual appeal and provide environmental benefits.

Benefits of Protected Trees

• Increased kerb appeal: Mature trees can make a property more attractive to buyers.

• Eco-friendly living: Protected trees contribute to better air quality and support wildlife habitats.

• Neighbourhood charm: A well-preserved tree can enhance the character of the entire area.

Responsibilities of Ownership

• Seek permission for work: Any pruning or maintenance must be approved by Bromley Council.

• Regular inspections: Engage a professional arborist to assess the health of the tree and recommend appropriate care.

• Consider insurance: Protect yourself from liability in case of damage caused by the tree.

6. How TPOs Can Impact Your Landscaping Plans

If you’re planning to redevelop or landscape a property, TPO-protected trees may limit your options. For example, removing a tree to create additional parking space or extend a building may not be possible.

How to Work Around TPOs

• Integrate trees into your design: Work with landscape architects to create a layout that complements existing trees.

• Apply for permission: In some cases, councils may grant approval for limited works if the tree poses a safety risk or obstructs development.

• Engage specialists: Consult arborists and planning experts to ensure compliance with local regulations.

Conclusion

Understanding the importance of Tree Preservation Orders (TPOs) is crucial when purchasing a property in Orpington. Whether the trees are on your land or a neighbouring property, being informed about TPOs can help you avoid legal issues, preserve the area’s natural beauty, and protect your investment. By conducting thorough checks and seeking professional advice, you can enjoy the benefits of owning a property with well-maintained trees.

For expert advice on property purchases and navigating local regulations, contact Integra Estates today.

Make informed property decisions in Orpington by understanding the significance of TPOs. Let Integra Estates help you find your perfect home while safeguarding its natural charm.