Trees on private land (non-council land)

We'll only carry out works on trees on private land:

where there is a legislative responsibility, or
in an emergency situation which impacts on council land (or land we have adopted)

You may need to get clarification of ownership first.

Tree works – Common Law

Please note: We are not the authority on your rights under common law. If you are considering carrying out works to trees on someone else’s land, we offer the following advice.

Those affected by the issue should attempt to contact the tree owner first.

Certain trees may be protected by a TPO or grow in a conservation area. You are required, by law, to contact North Ayrshire Planning before carrying out works on:

protected trees
trees in conservation areas

Under common law, you may lop parts of trees and remove roots which overhang or encroach on your land. You may remove growth, branches, or roots up to the boundary of your land.

You should not:

extend beyond this boundary
enter a neighbour's land without permission

Entering private land and carrying out tree works without permission is a criminal offence.

Branches, fruit and other parts removed from a tree are the property of the tree owner. You should offer these back to the owner.

If carrying out work on a tree ensure that:

you do not impact on the health or integrity of the tree
work does not make the tree unsafe

Seek professional advice from a qualified, insured and experienced arborist.

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Protecting trees

Tree Preservation Order (TPO)

New TPOs

Recently confirmed TPOs

Protected trees in North Ayrshire

Trees in conservation areas

Ash dieback

Tree works