Understanding Tree Preservation Orders and Their Importance in Property Purchases
Posted on 9th May 2024
When you are in the process of buying a house, there are various factors to consider, from structural surveys to the local area. However, one aspect that might not immediately spring to mind but is equally important is the presence of Tree Preservation Orders (TPOs) that impact the property you are purchasing. These legal protections can significantly impact your plans for a property, and understanding their implications is crucial for any prospective buyer. Our Conveyancing Solicitors in Preston explain what a Tree Preservation Order is, why they are important, and how to check for these when purchasing a property.
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What is a Tree Preservation Order?
A Tree Preservation Order is a part of urban planning and conservation efforts designed to protect specific trees, groups of trees, or woodlands in the interest of the public. Implemented by local planning authorities, TPOs prohibit the cutting down, topping, lopping, uprooting, or otherwise wilful damage or destruction of trees without the authority’s permission. Essentially, if a tree on your property is subject to a TPO, you must obtain consent from your local council before carrying out any work affecting the tree.
Why are Tree Preservation Orders Important?
Conservation and Aesthetics:
The primary aim of TPOs is to preserve trees that contribute significantly to the local environment and aesthetics. Trees play a crucial role in urban areas, providing green spaces, supporting wildlife, and improving air quality. They also add to the character and beauty of a locality, enhancing property values, and the quality of life for residents.
Legal Implications:
For homeowners, the existence of a TPO can have significant legal implications. As our Conveyancing Solicitors in Preston will tell you, ignoring a TPO and carrying out prohibited work on a protected tree can lead to heavy fines and a requirement to replace the tree. This makes it imperative for potential property buyers to check for any TPOs during the buying process.
Property Value and Development:
Trees under TPOs can affect a property positively by enhancing the property’s aesthetics and environmental quality. However, they can also impose restrictions on development plans. If you’re considering buying a property with the intention of extending it or modifying the garden or land, it’s crucial to be aware of any TPOs that might affect these plans.
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Checking for Tree Preservation Orders When Buying a House
It’s advisable to conduct a thorough check for any TPOs as part of your due diligence before purchasing a property. Generally, most buyers have Conveyancing searches carried out, which will check for the existence of TPOs and reveal any other planning constraints which may impact a decision over whether someone wishes to buy a property. Alternatively, this can usually also be done by contacting the local council’s tree officer or planning department, who can inform you of any TPOs affecting the property and provide advice on how to apply for permission to carry out work on protected trees.
Tree Preservation Orders serve a vital role in protecting our natural heritage and ensuring that urban development is balanced with environmental preservation. For prospective buyers, understanding the presence and implications of TPOs is crucial. Not only do they affect your legal obligations and potential development plans, but they also highlight the importance of trees in creating sustainable and desirable living environments. By understanding TPOs and how these could impact your use of a property after purchase, our Conveyancing Solicitors in Preston’s clients can ensure that the property they are buying is right for them and their intended use in the future.
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Tagged as: Conveyancing, Solicitors in Preston
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