Who has a duty of care for trees?
Tree owners have a legal duty of care under the owner’s liabilities for injury to others caused by the fall of a tree or branch. The formal duties come from the Occupiers Liability Acts of 1957 and 1984.
What does this mean?
It means that as a tree owner, it is important to understand how healthy your tree is and whether it poses any obvious defects that would be a risk to others and could cause them harm.
Risk, hazards and defects
The level of risk is relative to the number people and the presence of valuable property that could be harmed or damaged in the event of root, branch or tree failure. The hazard is the potential to cause harm from a branch, trunk or crown failing structurally on a person or property causing injury or damage. Obvious defects would be those defects that pose risks only where there is likelihood of harm.
How do I tell the health of my tree?
Initially a quick visual check for obvious signs that the tree is likely looking healthy and stable is a good start and could be carried out by a tree owner. If they then had any concerns then it would be worth getting it looked at by a person with working knowledge of trees and their defects to assess if it is unstable or requires action.
What sorts of defects should I look out for?
- Broken, snapped or hanging branches
- Dead branches or dead tree
- Lightning strike to trunk
- Defoliation of leaves in summer
- Discolouration of leaves of wilting leaves
- Dark staining or patches on bark
- Cavities or holes in the trunk or branches
- Leaning tree
- Root plate movement
- Fungal fruiting bodies
- Bark damage
- Swellings or bulges on the trunk or branches
- Woodpecker activity on branches or the main trunk
How often should I get my tree inspected?
A tree owner should have their tree inspected by a qualified professional on a periodic basis. There is no set timescale but a tree owner should do what is reasonable and prudent as a landowner. It is recommended that trees are inspected as a minimum every 5 years and more frequently subject to the location and targets around the tree.
Who can I get to assess my tree for health and safety?
- Tree surgeon
- Arborist
- Arboriculturlist
- Arboricultural Consultant
It is important to ensure that whoever you engage to inspect your tree has the appropriate competence, experience and knowledge including insurances and for more details visit www.trees.org.uk for further guidance
Can I have work done to my tree?
You can carry out tree works to your tree as the tree owner but are advised to check for any legal protection on the tree prior to carrying out the works. Trees can be protected by nature of being within a Conservation Area or the subject of a Tree Preservation Order. Check first with your Local Authority to determine the status of any protection.
If you are looking to work on a few trees then review the requirements under a felling licence also, as you can coppice or fell up to 5 cubic metres per calendar quarter without a felling licence. It is also important to ensure that the timing of any tree works does not affected protected species particularly nesting birds or bats so appropriate checks should be carried out for ecological purposes prior to the works commencing.
Tree management
It is also worth considering the future of your tree as part of its management, as trees grow and can outgrow the available space if left unmanaged.
Consider setting your tree into a tree pruning regime if it is appropriate for the tree species and also ensure to get approval first if it is protected. Consider the on going costs of maintenance though prior to this to ensure you can continue to fund the maintenance requirements.
Summary of tree management actions
- Check your tree regularly and keep your own records which could include a photograph your tree each year and in each season to keep a record of any changes
- Check your tree(s) after storms and periods of extreme weather including winds, dry or heat spells and take action if any changes or issues are observed.
- Have periodic tree inspections carried out by a competent tree person and retain the inspections
- Carry out a risk assessment to identify the risks, hazards and any obvious defects
- Commission more detailed tree inspections if any concerns arise out of your own observations by a suitably qualified and competent person
- Take action to address the risks, hazards and defects through tree work and proactive tree management and engage a competent tree contractor to carry out your tree work
- Ensure to get consent for any tree works if required before you carry out the tree work