When Do You Need a Felling Licence?
If you’re planning to cut down trees in the UK, one of the first legal questions you should ask is: do I need a felling licence?
Tree felling is regulated by law, and carrying out work without the correct permission can lead to enforcement action, fines, and a requirement to replant. This article explains when a felling licence is required, when exemptions apply, and what to do if you’re unsure.
What Is a Felling Licence?
A felling licence is permission from the Forestry Commission to fell trees. It applies whether trees are removed by cutting them down, uprooting them, or otherwise destroying them.
In England, tree felling is primarily regulated under the Forestry Act 1967, which makes it an offence to fell trees without a licence unless an exemption applies.
When Is a Felling Licence Required?
You will usually need a felling licence if you intend to fell more than a minimal volume of timber and none of the legal exemptions apply.
Volume thresholds
A licence is generally required if you plan to fell more than:
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5 cubic metres of timber in any calendar quarter, and
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No more than 2 cubic metres of that timber will be sold
If more than 2 cubic metres is sold (including firewood), the exemption does not apply and a licence is required.
Common Situations Where a Licence Is Needed
You are likely to need a felling licence if:
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You are clearing woodland or part of a woodland
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You are felling trees as part of development (unless covered by planning permission)
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You are harvesting timber for sale
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You are removing multiple mature trees on rural land
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You are managing woodland commercially or semi-commercially
Importantly, ownership of the land does not remove the legal requirement — even landowners must comply.
When Is a Felling Licence Not Required?
There are several important exemptions.
Trees in gardens and built-up areas
A licence is not required for trees growing in a garden, orchard, churchyard, or public open space adjacent to a dwelling.
However, this exemption does not override other protections such as Tree Preservation Orders (TPOs) or Conservation Area controls.
Trees under a certain size
No licence is needed for trees below these diameters (measured at 1.3m above ground):
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Less than 8cm diameter
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Less than 10cm if thinning woodland
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Less than 15cm if felling to improve growth of other trees
Dangerous trees
Trees that are dead, dying, or pose an immediate danger may be felled without a licence.
That said:
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Only the minimum work necessary should be carried out
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Evidence (such as photographs or an arborist’s report) should be retained
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Other permissions (TPOs, Conservation Areas) may still apply
Planning permission
If full planning permission specifically authorises tree removal, a separate felling licence is not required.
However, this exemption only applies where:
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The planning permission is detailed and valid
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The tree removal is necessary to implement that permission
What About TPOs and Conservation Areas?
A felling licence and local authority tree controls are separate legal regimes.
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A felling licence does not override a TPO
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Trees in Conservation Areas still require notice to the local authority
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You may need both a felling licence and local authority consent
Failing to check both systems is a common (and costly) mistake.
What Happens If You Fell Trees Without a Licence?
Unauthorised felling is a criminal offence. Consequences can include:
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Prosecution and fines
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A restocking notice requiring replacement planting
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Ongoing legal restrictions on the land
In some cases, liability can extend beyond the person who carried out the work to include landowners or those who instructed it.
How Do You Apply for a Felling Licence?
Applications are made to the Forestry Commission and must include:
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A map of the site
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Details of the trees to be felled
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Any proposed replanting
Most licences are conditional on restocking, meaning replacement trees must be planted and maintained.
When Should You Seek Advice?
Tree felling law is highly fact-specific. You should seek professional advice if:
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You are unsure whether an exemption applies
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Trees are subject to multiple legal controls
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The land is being sold or developed
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Enforcement action has already been threatened
Getting advice early can prevent costly mistakes and delays.
