Whether you’re planning to build, buy, or manage land, knowing when a tree survey is legally required can save you time, money, and hassle. In areas like Milton Keynes, where mature trees and green corridors are integral to the urban landscape, there are strict rules in place to protect them.
At Browns Tree Solutions, we regularly work with developers, homeowners, and local councils to deliver tree surveys that meet legal and planning requirements. In this guide, we’ll explain the key situations where a tree survey becomes a must, not a maybe.
1. Planning a Development or Building Extension
If you’re submitting a planning application to Milton Keynes Council, and your site contains or is near trees, the planning department may require a BS5837 tree survey as part of your submission.
This is especially important when:
- The site is near mature trees, whether yours or a neighbour’s
- You plan to dig foundations or alter ground levels
- There are Tree Preservation Orders (TPOs) or Conservation Area restrictions in place
Why it’s required:
The council needs to ensure that development won’t damage protected trees or reduce canopy cover unnecessarily. A professional survey shows how trees will be protected during and after construction.
2. Trees Close to Buildings (for Mortgages or Insurance)
If you’re buying or selling a property where trees are growing close to structures, a mortgage provider or building insurer may ask for a tree report to assess the risk of:
- Subsidence
- Structural damage from roots
- Falling limbs or safety hazards
Why it’s required:
Lenders want to confirm that trees won’t compromise the property or increase liability, especially on older homes or where invasive species are suspected.
3. Trees with Legal Protections (TPOs & Conservation Areas)
If any trees on your land have a Tree Preservation Order (TPO) or are within a Conservation Area, you are legally required to submit a tree survey if you plan to:
- Prune or remove them
- Build nearby
- Alter the soil, drainage, or access paths
Why it’s required:
TPOs are legal protections that prevent unauthorised work on specific trees. Breaching them without a valid survey or consent can result in fines of up to £20,000 per tree.
4. Public or High-Risk Areas (Landlord & Local Authority Responsibilities)
If you manage public land, commercial premises, schools, or rental property, you have a duty of care to ensure trees do not pose a risk to people or property. This often requires:
- Tree safety inspections
- Ongoing monitoring
- Documentation of tree condition and risk assessments
Why it’s required:
Failing to manage tree risk can lead to injury, insurance claims, and legal action under the Occupiers’ Liability Act 1957/1984.
How Tree Protection Works in Milton Keynes
Milton Keynes Council actively enforces tree protection through:
- Local Planning Policies
- Tree Preservation Orders
- Conservation Area designations
Before carrying out any works on or near trees, it’s best to check with the council or consult a qualified arborist - like the team at Browns Tree Solutions.
We’re experienced in navigating tree protection regulations in Milton Keynes, and our reports are designed to meet both planning and legal requirements.
You probably do if:
- You're submitting a planning application
- You’re developing land with trees on or near the boundary
- There are protected trees (TPOs or Conservation Area)
- You’ve been asked for one by a mortgage lender or council
- You manage public spaces or rental properties
Still unsure? Get in touch and we’ll give you a straight answer—no pressure, just honest advice.
