Key Takeaways
- You may have a claim if a solicitor failed to carry out Tree Preservation Order (TPO) checks or gave wrong advice, causing a loss that competent work would have avoided.
- Works to protected trees generally need the local planning authority’s written consent, and unauthorised cutting or root damage can lead to criminal enforcement.
- Your retainer, the searches promised and the advice given define the solicitor’s duty. You must show that their breach caused your financial loss.
- A successful TPO conveyancing negligence claim may recover remedial costs, lost property value, wasted development spending and enforcement costs.
- The usual limitation period is six years from the breach, although a later three-year period may apply from when you acquired the necessary knowledge of the damage.
- Preserve your retainer, searches, council records, advice, invoices and reports so our solicitors can assess evidence, causation and loss.
- Go Legal is rated Excellent with over 300 five-star reviews and 5/5 on Trustpilot and Google, placing our solicitors among the best-reviewed litigation lawyers in England and Wales.
Can I Claim Against a Solicitor Who Missed a Tree Preservation Order?
You may be able to claim if your solicitor missed a Tree Preservation Order or gave incorrect advice about one, and that mistake caused you financial loss. The consequences of a missed TPO go beyond an unexpected restriction on your property. Protected tree works generally require written consent from the local planning authority. Unauthorised cutting, uprooting, topping, lopping or wilful damage can lead to enforcement and criminal consequences.
A TPO negligence claim turns on four things: what the solicitor was retained to do, whether their work fell below a competent standard, what loss followed, and whether you are still within time. These issues arise in conveyancing, development work and TPO consent appeals alike.
Do not delay if you have discovered a protected tree, received enforcement correspondence or missed an appeal deadline. Book a free consultation with our solicitors or call 0207 459 4037 so we can assess your evidence, potential losses and limitation position.
What Is a Tree Preservation Order and Why Can a Solicitor Miss It?
A Tree Preservation Order is made by a local planning authority to protect trees that have amenity value. It may cover an individual tree, a group of trees or woodland.
The principal statutory framework is the Town and Country Planning Act 1990. Section 198 gives the authority power to make an order where it considers this expedient in the interests of amenity. The Town and Country Planning (Tree Preservation) (England) Regulations 2012, as amended, set out the detailed procedure. Under regulation 3, the order must specify the trees, groups or woodlands it covers and show their position on a map.
Works to a protected tree generally require the authority’s written consent under regulation 13. This covers cutting down, topping, lopping, uprooting, wilful damage or wilful destruction. Under section 210 of the 1990 Act, it is an offence to cut down, uproot or wilfully destroy a protected tree, or to wilfully damage, top or lop it in a manner likely to destroy it. Root damage can therefore amount to an offence.
The 2012 Regulations apply in England, so the precise procedure depends on where the property is located.
TPO records are commonly published by councils and on data.gov.uk. However, public datasets may be incomplete or out of date. Councils advise checking directly with the planning department before work begins. A solicitor who relies only on an online map may therefore miss an order.
Common solicitor failures include:
- Failing to search for or identify a TPO during conveyancing or development work.
- Failing to compare the property plan with the TPO map.
- Failing to ask whether trees need to be removed for access, parking or construction.
- Advising that a tree is unprotected or that consent is unnecessary.
- Submitting an incomplete application or failing to provide suitable arboricultural evidence.
- Missing a deadline to appeal a refusal or challenge enforcement action.
- Failing to explain that an informal council response is not written consent.
- Mishandling a dispute between an owner, tenant, contractor or developer.
A proposed national scheme of delegation is expected to leave most planning decisions with officers from 31 October 2026. However, TPO applications remain among the matters that may still be considered by planning committees where they raise significant issues. That can affect how long a consent application takes and how much supporting evidence it needs.
If you are concerned that a conveyancer missed a protected tree search, our solicitors can review the documents as part of a professional negligence claim.
When Does a TPO Failure Become Professional Negligence?
A TPO failure becomes professional negligence when the solicitor’s work fell below the standard of a competent solicitor and caused a financial loss that competent advice would probably have avoided.
A professional negligence claim usually requires proof that:
- The solicitor owed you a contractual and/or tortious duty of care, usually under the retainer.
- The solicitor breached the required standard of competent professional service.
- The breach caused a legally recoverable loss.
- The loss was not too remote and the claim is brought within the applicable limitation period.
The retainer defines the solicitor’s responsibility. It shows what they were instructed to do, what searches they agreed to obtain, what advice they agreed to give and what you told them about the property or intended works.
| Scenario | What went wrong | Causation question |
|---|---|---|
| Conveyancing purchase | The conveyancer fails to identify a TPO in the local search and the client completes the purchase of a property with a protected tree they cannot remove | Would the client have paid less, withdrawn or changed the transaction? |
| Advice on tree works | The property solicitor says the tree is unprotected and the client carries out unauthorised works | Would the client have applied for consent, and would consent probably have been granted? |
| Planning or litigation | The litigation solicitor misses a deadline to challenge an enforcement notice or appeal a refusal | Would the appeal or challenge probably have succeeded? |
| Development site | The development solicitor fails to obtain consent before site clearance | Would the client have redesigned the scheme or chosen another site? |
The solicitor may argue that the loss would have happened anyway, that you ignored advice, that the council would have refused consent, or that another professional such as a surveyor, arboriculturist or conveyancer was responsible. Causation is therefore fact-sensitive.
A breach of TPO controls and a negligence claim are separate legal questions. The council asks whether protected works took place without consent. The negligence claim asks whether the solicitor’s acts or omissions caused a loss you would otherwise have avoided.
What Losses Can You Recover in a TPO Negligence Claim?
You may recover losses caused by the solicitor’s breach, provided they are supported by evidence and are not too remote.
Subject to causation and the facts, potential losses include:
- Additional legal, planning or other professional fees.
- Tree replacement, remedial planting or other remedial costs.
- The reduction in the property’s value.
- Delay-related losses.
- Transaction losses, such as an aborted sale or purchase.
- Wasted development expenditure.
- Penalties and enforcement costs.
Enforcement costs can include prosecution-related legal fees, fines, and the cost of retrospective applications or remedial planting. These are potentially recoverable if the solicitor’s breach caused them.
A claim must separate costs you would have incurred in any event from additional costs caused by the negligence. A development may always have required an arboricultural report, for instance. The recoverable loss may instead be the cost of starting works too early, the extra cost of redesigning access or the lost opportunity to buy another site.
You must prove each head of loss. Useful evidence includes invoices and proof of payment, valuation reports, arboricultural reports, planning and development appraisals, evidence of an aborted transaction or lost development opportunity, and material showing what competent advice would probably have achieved.
You must also take reasonable steps to reduce your loss once you discover the problem. This may include pausing works, obtaining urgent arboricultural advice, applying for consent and keeping alternative planning options open. A loss you could reasonably have avoided may not be recoverable.
How Long Do You Have to Bring a TPO Solicitor Negligence Claim?
The usual limitation period for a negligence claim is six years from the breach. A later three-year period may apply from the date you first had the necessary knowledge of the damage and the responsible defendant, subject to the statutory long-stop and other rules in section 14A of the Limitation Act 1980.
Limitation is fact-sensitive and should be reviewed urgently. The clock may start when the solicitor gave the wrong advice, when you acted on it, when the loss crystallised, or when you discovered, or should have discovered, the negligence.
In TPO cases, knowledge may be delayed if you first discover the order when:
- The council takes enforcement action.
- A buyer’s solicitor raises it during a later sale.
- A planning or TPO consent application is refused.
- A contractor identifies the restriction before site clearance.
The court will ask when a reasonable person in your position would have discovered the relevant facts, not only when you actually became aware of them.
Where fraud, deliberate concealment of a relevant fact or mistake is involved, section 32 of the Limitation Act 1980 may postpone the start of the limitation period until discovery, or until the matter could with reasonable diligence have been discovered.
Planning deadlines may run at the same time. An appeal against a council decision on a TPO consent application must generally be made within 28 days of the date on the council’s decision notice. Where the council fails to decide within eight weeks, an appeal may be made after that period and before you are notified of a decision. If a solicitor misses an appeal deadline, you must still show that the appeal would probably have succeeded or produced a better result.
Who Is Responsible If the Solicitor, Conveyancer or Surveyor Missed a Protected Tree?
Responsibility depends on the retainer and what each professional was instructed to do.
A conveyancer or property solicitor is usually expected to carry out local authority searches and identify TPOs affecting the property. A surveyor may identify trees during an inspection, but is not usually instructed to search for or advise on TPOs unless specifically asked.
In a development transaction, the solicitor’s duty may extend to advising on TPO applications, planning conditions, conservation-area controls, listed-building issues, felling-licence requirements and protected-species concerns. All of these can interact with tree works. The precise duty depends on the instructions, the transaction and what the solicitor knew about the intended development.
If several professionals were involved, liability may be apportioned between them, or one may bring a contribution claim against another under the Civil Liability (Contribution) Act 1978. You can usually sue the solicitor who owed you the primary duty and let that solicitor pursue contribution from the other professionals. This saves you from having to untangle each adviser’s share before starting your claim.
What Evidence Do You Need to Prove a TPO Negligence Claim?
The strongest evidence is usually created at the time of the transaction, development or tree works. It should show what the solicitor was told, what advice was given, what you understood and what you relied on.
Which Documents Should You Preserve?
Create a dated file and keep original electronic documents where possible. Gather:
- The engagement letter, terms of business and scope of work.
- Emails, letters and attendance notes about the property, trees, consent or development plans.
- The TPO, confirmation notice, map, plans and council decision records.
- Planning and conveyancing searches, including the plans supplied with them.
- Consent applications, appeal documents, enforcement notices and prosecution correspondence.
- Arboricultural reports, photographs and dated site evidence.
- Invoices, proof of payment and valuation evidence.
- Evidence of lost transactions or development opportunities.
- Documents showing what competent advice would probably have achieved.
Obtain council records early. These include the TPO register entry, planning history, decision notices and enforcement file. Older records may be archived or destroyed.
When Is Expert Evidence Needed?
Expert evidence may be needed where causation or loss depends on technical judgement. An arboriculturist may assess the tree, its value, the proposed works and remedial measures. A surveyor or valuer may quantify a reduction in property value or lost development profit. Planning evidence may address whether consent was likely or whether a redesign was commercially realistic.
Frequently Asked Questions
How Go Legal Can Help With TPO Professional Negligence Claims
Go Legal is a London-based commercial litigation law firm acting for individuals, directors, professionals and businesses across England and Wales. Our professional negligence solicitors act for clients who have suffered loss because of solicitor, surveyor, accountant or other professional negligence.
In a TPO negligence claim, our solicitors can:
- Review the retainer, searches and advice you received.
- Analyse the TPO, council records and planning history.
- Assess whether the solicitor breached the required standard.
- Build the causation case around the decision you would probably have made with competent advice.
- Identify evidence for remedial costs, transaction losses, diminution in value, wasted development expenditure and enforcement costs.
- Assess limitation and any live planning or appeal deadlines.
- Coordinate arboricultural, valuation and planning evidence where needed.
- Advise on pre-action correspondence, settlement and court proceedings.
Delay carries real risk. Council records can be archived, evidence of what you were told fades, and once the limitation period expires a strong claim can be lost entirely. An early review protects both your negligence claim and any planning deadline still running.
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