Trees add beauty and value to a property, but when planted too close to a house, they can cause structural damage, drainage issues, and legal disputes. According to Local Surveyors Direct, trees are responsible for 65% of instances of subsidence damage to domestic properties in the UK.
This guide explores the risks, legal considerations and best practices for managing trees near buildings
Potential Risks & Dangers of Trees Near Houses
While trees provide shade, improve air quality and can enhance property value, they can also pose significant risks when located too close to a house. Here are some of the most common risks and their potential consequences.
1. Structural Damage to Buildings
Tree roots can cause significant damage to buildings, particularly when planted too close to house foundations. The extent of the risk depends on soil type, tree species and root spread.
- Subsidence Damage: Trees extract water from the soil, leading to soil shrinkage, particularly in clay soils and shrinkable clay soils. This can cause foundation movement, leading to cracks in walls, floors and ceilings.
- Heave Damage: If a tree is suddenly removed, the soil can reabsorb moisture and expand, pushing up against the foundation and leading to structural instability.
- Direct Root Damage: Some large trees, such as oak and willow, have aggressive roots that can physically penetrate house walls, driveways and garden structures, causing cracks and lifting paved surfaces.
This 30-second YouTube video by Outlet Home Inspections shows the dangers of a tree too close to a house well:
2. Damage to Drainage Systems & Utilities
Tree roots naturally seek out moisture, which makes underground drainage systems and water pipes vulnerable to infiltration. Over time, this can lead to blockages, leaks and costly repairs.
- Blocked Drains & Sewer Lines: Roots growing into drainage systems can block pipes, reducing water flow and leading to sewage backups.
- Damage to Underground Utilities: Expanding root systems can crack or shift gas, water and electrical lines, increasing the risk of gas leaks, water contamination or power failures.
3. Falling Trees, Branches & Leaves
Trees located too close to a house pose safety risks, especially during storms, high winds or heavy snowfall.
- Falling Limbs Risk: Weak or overgrown branches can snap during extreme weather, damaging roofs, vehicles and nearby buildings.
- Full Tree Collapse: If a tree is diseased, structurally weak or poorly rooted, it may fall entirely, posing a serious safety hazard.
- Overhanging Trees: Branches that brush against the roof or siding can cause scratches, broken windows or shingle damage, leading to water leaks and pest infestations.
- Falling Leaves & Debris: Blocked gutters from excessive leaf fall can result in water damage to roofs and walls, increasing maintenance costs.
4. Pest & Wildlife Problems
Trees near homes can attract pests and wildlife, which may cause property damage, health risks and infestations.
- Rodents and Insects Gaining Access to Homes: Overhanging branches create a bridge for rats, squirrels and insects, allowing them to enter attics, roofs and wall cavities.
- Fungal Growth and Mould: Excess shade and moisture from overgrown trees can lead to damp conditions, increasing the risk of mould and fungal infestations on exterior walls and roofs.
- Bird Droppings and Nesting Issues: Birds roosting in overhanging trees can cause damage to roofing, stain exteriors with droppings, and clog gutters with nesting materials.
5. Tree Root Damage to Surroundings
Beyond structural damage to houses, tree roots can disrupt and damage nearby hardscaping, fencing and gardens.
- Lifting and Cracking of Pathways and Driveways: Expanding roots can push up pavement, crack driveways and create tripping hazards.
- Damage to Fences, Patios and Garden Walls: Tree roots can shift or break fences and weaken outdoor structures, requiring frequent repairs.
- Competition with Nearby Plants: High-water-demand trees absorb large amounts of moisture from the soil, which can starve shrubs, lawns and flowers of nutrients, leading to patchy growth or plant death.
6. Legal & Financial Risks
Trees near houses can create legal disputes and financial burdens, particularly when they cause damage to neighbouring properties.
- Neighbour Disputes Over Overhanging Branches & Roots: If branches extend over a boundary or roots invade a neighbouring garden, disputes may arise, with the tree owner potentially held liable.
- Insurance Complications: Some insurers may increase premiums or deny claims if trees pose an obvious risk to the property.
- Tree Removal & Maintenance: Large trees near houses may require professional help for pruning or removal, especially if protected by Tree Preservation Orders (TPOs).
Legal Considerations for Trees Near Houses
Tree-related disputes can arise over property damage, overhanging branches and invasive roots, and failing to address these issues properly may lead to liability claims or legal action.
This section outlines key legal aspects, responsibilities and regulations related to trees near houses.
What Are the Laws on Trees Near Houses?
In the UK, trees on private property are generally the responsibility of the landowner. However, several laws and regulations govern tree ownership, protection and removal.
- Tree Preservation Orders (TPOs): Some trees are legally protected, meaning they cannot be pruned, cut down, or removed without permission from the local planning authority. Removing or damaging a protected tree without approval can lead to substantial fines. See the government’s latest advice on Tree Preservation Orders here.
- The Duty of Care for Tree Owners: Under common law, tree owners must ensure their trees do not pose a risk to people or property. If a tree causes damage due to neglect, the owner could be held liable. Local Conveyancing Direct have written a good article about this here.
- Highways Act 1980: Trees near public roads and footpaths must be properly maintained to avoid obstructing visibility or posing hazards. Local councils may require tree trimming or removal if deemed unsafe.
- Neighbours’ Rights and Responsibilities: Property owners can trim overhanging branches or remove encroaching roots from a neighbouring tree but cannot trespass onto the neighbour’s land or harm the tree beyond what is necessary.
Who Is Liable for Damage Caused by Trees?
Determining who is responsible for tree-related damage depends on ownership and negligence.
- If a tree damages a neighbouring property: The tree owner is not automatically liable unless they were aware of the risk and failed to take action.
- If a tree falls during a storm: Generally considered an “act of God”, meaning liability depends on whether the tree was properly maintained beforehand.
- Root damage liability: If a tree’s roots cause structural damage to a neighbouring house, the owner may be liable if they were aware of the risk.
- Overhanging branches disputes: Neighbours can legally trim branches that extend over their property, but they must return the cut branches to the tree owner.
To avoid liability, homeowners should seek professional advice from an arborist or structural engineer if a tree poses a potential risk to property or people.
Can You Remove Trees Near Your House?
Tree removal is often considered a last resort, but in some cases, it is necessary to prevent foundation damage, drainage issues or safety hazards.
When is tree removal legally allowed?
- If the tree is causing structural damage to house foundations or drainage systems.
- If the tree is dead, diseased or poses a safety risk.
- If the tree is not protected by a TPO or conservation area regulations.
When do you need permission for tree removal?
- If the tree is covered by a Tree Preservation Order (TPO).
- If the tree is in a designated conservation area.
- If local council rules require prior approval for large tree removal.
Alternative solutions before removing a tree:
- Pruning and crown reduction to manage overhanging branches.
- Installing root barriers to prevent foundation and drainage damage.
- Seeking professional help from an arborist to assess if removal is necessary.
If unsure, always consult your local planning authority before removing a tree to avoid legal issues or penalties.
Read our guide on how to fell a tree safely. Please note that removing a tree yourself can be incredibly dangerous. We only recommend you attempt this if you possess the relevant expertise. You may also want to consider reading the rules around legally cutting down trees in the UK.
How to Plant Trees Safely in Relation to Your House
For homeowners planting new trees, choosing appropriate locations and species can prevent future risks.
Here are some guidelines to follow:
How Far Should Trees Be From a House?
- Small trees (under 8m mature height): At least 5m away from buildings.
- Medium trees (8 m -15 m mature height): At least 10m away.
- Large trees (over 15m mature height, e.g., oak, willow): At least 20m away.
- High water demand trees (e.g., poplar, willow) should be planted even farther from clay soils to prevent subsidence damage.
Read our guide on how to plant a tree here.
Best Tree Species to Plant Near Houses
- Opt for non-invasive root systems (e.g., rowan, hawthorn, cherry).
- Avoid species prone to aggressive root spread, such as oak, willow and poplar.
- Account for soil type:
- Clay soils shrink and expand with moisture changes, increasing foundation damage risks.
- Consider soil shrinkage before planting near buildings.
Root Management & Soil Protection
Proper root management can prevent foundation damage and drainage issues. Here’s what to consider:
Install Root Barriers
- Create a physical barrier to stop roots from spreading toward house foundations, driveways and underground utilities.
- Can be installed during planting or retrofitted around existing trees.
Monitor Drainage Systems
- Check for slow drains, blockages or leaks, which may indicate root invasion.
- Use professional drainage surveys if tree roots are suspected of damaging pipes.
Soil Moisture Control
Prevent soil from becoming too dry or too saturated, both of which can contribute to subsidence or heave damage.
Professional Help & Legal Consultation
If a tree near your house poses a risk, seeking expert advice ensures safe and legal management.
When to Consult a Structural Engineer
- If cracks appear in walls, driveways or floors, indicating foundation movement.
- If soil shrinkage is affecting house stability.
When to Contact an Arborist
- If a tree shows signs of disease, decay or instability.
- If pruning is needed to reduce risks without full removal.
- If there’s concern over falling limbs or pests.
When to Check with the Local Planning Authority
- If tree removal is required in a conservation area or involves a Tree Preservation Order (TPO).
- To ensure compliance with neighbouring property laws.
Book a tree survey today with Forbes Tree Care
Whether you need expert advice, pruning or a full risk assessment, Forbes Tree Care can help. Our professional tree surveys assess tree health, root impact and potential hazards. If a tree poses a safety risk, our tree surgery services provide expert pruning, root management and, if necessary, safe removal.
Don’t wait for tree-related damage to become a costly problem. Book a tree survey today with Forbes Tree Care to protect your home.
