How Long Does a Tree Preservation Order Last? (2026) | PlanWatch
Tree Preservation Orders · 8 min read

How Long Does a Tree Preservation Order Last? (2026)

How long does a Tree Preservation Order last? Confirmed TPOs are indefinite, but a new order has a 6-month confirmation window. Exactly how the timing works, with examples.

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Ben Thompson

Planning Research Lead, PlanWatch · Updated 2026-07-11

A confirmed Tree Preservation Order (TPO) lasts indefinitely — it does not expire. It stays in force until the local planning authority (LPA) formally revokes it, which rarely happens. The only fixed time limit anywhere in the system is the six-month confirmation window that applies when a brand-new order is first made. Everything else people assume about TPOs "running out" is a myth.

TPOs do not expire

There is a widespread belief that TPOs lapse after a set number of years, or that they fall away when a property is sold. They do not. A TPO made under Part VIII of the Town and Country Planning Act 1990 (and, in England, the Town and Country Planning (Tree Preservation)(England) Regulations 2012) protects a tree "in the interests of amenity" for as long as the LPA judges that protection justified.

That means:

  • The order continues indefinitely, with no automatic end date.
  • It transfers with the land — every new owner inherits it. See our guide on buying a house with a TPO.
  • The tree getting older, larger or less attractive does not remove protection.
  • Only a formal revocation or variation by the LPA ends or changes it, and authorities do this very rarely.

If you want to know whether a specific tree is protected, start with our guide on how to check if a tree has a TPO rather than assuming an old order has quietly expired. There is no register entry that reads "expired."

The one real time limit: the 6-month confirmation window

The only meaningful clock in the TPO system applies when an authority makes a new order. Here is how it works, step by step:

  1. Provisional protection is immediate. When the LPA serves a new TPO it usually takes effect provisionally straight away. From that moment the tree has the same full legal protection as a confirmed order — you cannot fell, top, lop, uproot or wilfully damage it without written consent.
  2. A 6-month objection period runs. Interested parties, including the tree owner and neighbours, can object or make representations. The authority must consider them before deciding.
  3. The order must be confirmed within 6 months. If the LPA confirms it, the TPO becomes permanent and indefinite. If it is not confirmed within that 6-month period, the provisional protection lapses and the order falls away.

Worked example. A council makes a TPO on an oak in your garden after hearing you plan to fell it. Protection bites the day the order is served. You object in writing three weeks later. The tree officer reviews your objection, the amenity value and any arboricultural evidence, and the authority confirms the order four months in. From that confirmation date the TPO is indefinite — the six-month clock has done its only job and is gone. Had the council sat on it and failed to confirm within six months, the protection would simply have expired.

So a provisional TPO has a hard six-month shelf life. A confirmed TPO has none.

The timings at a glance

Element How long Notes
Confirmed TPO Indefinite Ends only if the LPA revokes it
New (provisional) TPO Up to 6 months Must be confirmed in that window or it lapses
Consent to carry out works Normally 2 years Reapply if works not completed in time
LPA decision on a works application 8 weeks From receipt of a valid application
Dead-tree removal notice 5 working days Prior notice to LPA where practicable

Consent to work on a TPO tree lasts 2 years

Do not confuse the life of the order with the life of a consent. If you apply to the LPA for permission to carry out works on a protected tree — pruning, a crown reduction, or felling — and consent is granted, that consent is normally valid for 2 years from the date it is given. Miss the window and you usually have to apply again.

The authority has 8 weeks from receiving a valid application to decide. A refusal, a conditional grant, or a failure to decide within eight weeks can be appealed to the Secretary of State (the Planning Inspectorate) under Regulation 19. For the full process see pruning or felling a tree with a TPO.

Can a confirmed TPO ever be removed?

Yes, but not by waiting it out. Only the LPA can revoke or vary an order, and it generally does so only where the tree has died, been lawfully removed, or the order no longer serves any amenity purpose. You can ask the authority to review an order, but there is no automatic mechanism and success is uncommon. Our guide on whether a TPO can be removed or overturned explains the realistic routes.

What if the tree dies?

Protection does not vanish the moment a tree looks unhealthy. Under the 2012 Regulations you may only remove a dead tree (with 5 working days' prior notice to the LPA where practicable) or carry out urgent works to remove an immediate danger. The old "dead, dying or dangerous" test no longer applies — a genuine trap for homeowners who still quote it. A declining but living tree remains fully protected.

Removing or seriously damaging a protected tree without consent is a criminal offence, carrying a fine of up to £20,000 in the Magistrates' Court (an unlimited fine if the case goes to the Crown Court), and the court can take into account any financial benefit you gained — plus you inherit a duty to plant a replacement tree. See TPO fines and penalties for the detail.

TPOs are made and held locally — check your council

While the framework above is national, TPOs are made, confirmed, held and enforced by your individual local planning authority. Which trees an authority chooses to protect, how quickly it moves to make an order when a tree is threatened, and how it publishes its TPO register all vary from council to council. Some maintain a searchable online map; others answer only on request or through a local land charges search. That is why a "does this tree have a TPO?" question can have a very different answer — and a very different way of finding it — depending on where you live.

Start at the tree-surveys hub and check example authorities such as Leeds, Bristol or Nottingham. PlanWatch tracks live tree-related planning activity per council, so you can watch for new orders, works applications and conservation-area notices in your area as they happen — useful if you are buying a property or worried a neighbour's works might trigger a new order. To confirm status for a specific tree, use our TPO check guide.

Regional note

The framework above is England-centric. Wales, Scotland (under the Town and Country Planning (Scotland) Act 1997) and Northern Ireland operate parallel but distinct TPO regimes, with their own confirmation mechanics and thresholds. The core principle — that a confirmed order is indefinite — holds across the UK, but the detail differs. See TPOs in Scotland, Wales and Northern Ireland.

Key takeaways

  • A confirmed TPO is indefinite and ends only if the LPA revokes it.
  • A new (provisional) TPO must be confirmed within 6 months or it lapses.
  • Consent to do works on a protected tree lasts 2 years; the LPA decides within 8 weeks.
  • TPOs transfer to new owners automatically and cannot be waited out.

Not sure if the tree on your plot is protected? Learn how to check if a tree has a TPO, and read our main guide to Tree Preservation Orders for the full picture.

Frequently Asked Questions

Do Tree Preservation Orders expire?

No. A confirmed TPO lasts indefinitely and does not expire with time. It stays in force until the local planning authority formally revokes it, which is rare. Selling the property, replanning the garden or the tree simply getting older does not lift a TPO.

How long is a provisional TPO valid before it is confirmed?

When a council makes a new TPO it usually takes effect provisionally straight away and gives full legal protection for up to 6 months. Within that period the authority must consider objections and decide whether to confirm it. If it is not confirmed within 6 months, the provisional protection lapses and the order falls away.

How long does consent to work on a TPO tree last?

Consent to carry out works on a protected tree is normally valid for 2 years from the date it is granted. If you do not complete the approved works within that window, you generally need to apply again. The authority has 8 weeks from a valid application to decide.

Does a TPO pass to a new owner when a house is sold?

Yes. A TPO attaches to the tree and the land, not to the person. It transfers automatically to every new owner and remains fully enforceable regardless of how many times the property changes hands.

Can a Tree Preservation Order be removed?

Only the local planning authority can revoke or vary a TPO, and it does so rarely — usually where the tree has died or the order no longer serves a purpose. You cannot make a TPO lapse by waiting; there is no time-out on a confirmed order. You can object during the 6-month confirmation window, or ask the LPA to review an order later.

What happens to a TPO if the tree dies?

The order does not automatically disappear. Under the 2012 Regulations you may remove a dead tree with 5 working days' prior notice to the council where practicable, or carry out urgent works to remove an immediate danger. The old 'dead, dying or dangerous' test no longer applies, so a merely declining tree is still fully protected.

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Related Tree Survey Guides

BS5837 Tree Survey Explained Arboricultural Impact Assessment (AIA) Tree Survey for Planning Permission Arboricultural Method Statement (AMS) Tree Protection Plan & Tree Constraints Plan How Much Does a Tree Survey Cost?

Note: Reviewed for technical accuracy against BS5837:2012 and LPA validation guidance. This guide is general information about UK planning and arboriculture, not legal or professional advice. Requirements vary by local planning authority — always confirm with your LPA or a qualified arboricultural consultant.