Tree Felling Licences - What You Need To Know
..Before picking up your chainsaw
Table of Contents
Felling
Tree felling in England is not simply a matter of land ownership or convenience. Like planning permission, it sits within a tightly regulated framework designed to protect woodland cover, biodiversity, and the wider landscape. In most cases, felling growing trees requires a licence from the Forestry Commission, and getting this wrong can carry serious legal and financial consequences.
This article explains the essentials—what a felling licence is, when it’s required, common exemptions, and how it interacts with planning, protected landscapes, and development.
What is a felling licence?
A felling licence is the legal mechanism that allows trees to be felled. It is issued by the Forestry Commission, the government body responsible for woodland protection and sustainable forest management. Licences are normally valid for five years, or ten years where linked to an approved woodland management plan.
Crucially, there is a presumption against permanent woodland loss, particularly ancient woodland. As a result, most licences include restocking conditions, requiring trees to be replanted or woodland to regenerate after felling.
Once issued, a licence cannot be withdrawn or amended, and once felling has started, the conditions are fixed.
When is a licence required?
In simple terms, most felling of growing trees requires a licence, even on private land. Everyone involved—the landowner, agent, contractor, or timber merchant—must ensure the correct permissions are in place before work begins.
Felling without a licence is a criminal offence unless a clear statutory exemption applies, and the burden of proving that exemption rests entirely with the person who carried out the work.
Common exemptions (and why they’re risky to rely on)
The law provides several exemptions, but these are often misunderstood and misused:
Small-scale personal use: Up to 5m³ per calendar quarter, with no more than 2m³ sold
Small diameter trees below specific size thresholds
Lopping and topping (tree surgery, not removal)
Garden, orchard, or inner London trees
Dangerous or nuisance trees, but only where there is an immediate, evidenced risk
Fully windblown trees lying entirely on the ground
Certain disease control situations, where a Statutory Plant Health Notice applies
Development, but only where felling is immediately required to implement full planning permission or lawful permitted development
Importantly, exemptions cannot be applied retrospectively. Planning permission granted after trees are felled does not undo an offence.
If you intend to rely on an exemption, you should retain clear evidence—photos, measurements, dates, reports, and site plans—before any work starts.
Planning permission does not override forestry law
This is a frequent and costly misunderstanding.
Even where planning permission exists, trees can only be felled without a licence if they are:
Explicitly identified for removal in the consent
Within the building footprint
Or demonstrably preventing the development from being carried out
Outline planning permission is not sufficient, and conditions attached to a felling licence are not overridden by later planning approvals. Once felling has taken place under a conditional licence, restocking obligations remain enforceable.
Other permissions still apply
A felling licence does not override other legal controls. Separate consents may be required where trees are affected by:
Tree Preservation Orders (TPOs) or conservation areas
Protected species (such as bats or nesting birds)
SSSIs, Scheduled Monuments, National Parks, or AONBs
Hedgerow regulations
Commons legislation
Environmental Impact Assessment (EIA) rules, particularly where land use change or deforestation is proposed
Failure to disclose these constraints can invalidate a licence and expose the applicant to further enforcement action.
Restocking, enforcement, and long-term obligations
Most licences include conditions requiring trees to be replanted and maintained for up to 10 years. These obligations:
Attach to the land, not just the owner
Transfer automatically when land is sold
Are enforceable through restocking and enforcement notices
Non-compliance can lead to unlimited fines, criminal prosecution, and court-ordered replanting. Enforcement notices are now registered as local land charges, meaning they will surface during conveyancing.
Applying for a licence
Applications are free and submitted online, but they require accurate mapping, supporting information, and realistic restocking proposals. The Forestry Commission has three months to determine an application, although complex sites may take longer.
Because licences cannot be altered once issued, early professional advice is essential—particularly where development is planned.
Why this matters for homeowners and developers
Tree felling sits at the intersection of forestry law, planning policy, environmental protection, and land management. Like the design and planning process itself, it is not a formality, but a structured legal system with long-term implications.
If you are considering development, renovation, or woodland management, understanding these controls early can prevent delays, enforcement action, and irreversible mistakes—and ensures decisions are made lawfully, transparently, and with full awareness of the consequences.