The exception, in short
Consent is not normally needed to remove a tree that is dead, or to cut back what is genuinely dangerous. But written notice to the council is still required — five working days before the work for a dead tree, or as soon as practicable where the danger is immediate.
The exception is narrow, and the burden of proving it applies falls on whoever did the work. Treat it as a procedure to follow, not a loophole.
Dead means dead — not dying, ugly or inconvenient
The exception covers trees that are actually dead. A tree in decline, a tree with some dead branches, or a tree that drops leaves and blocks light is not a dead tree — work on those still needs consent in the normal way.
If only part of the tree is dead, the exception generally extends only to removing the dead wood, not to felling the whole tree. When in doubt, ask the council's tree officer or an arborist before assuming.
The five working days' notice
For a dead tree, give the council written notice at least five working days before the work. Practical points:
- Put it in writing — email to the council's tree officer or planning department is fine. A phone call leaves you nothing to point to later.
- Identify the tree precisely: address, position in the garden, species if known, and photographs.
- Say what you intend to do and when.
- Keep a copy, and keep the council's reply if you get one.
The notice period gives the council a chance to disagree before the tree is gone. Skipping it turns an exempt job into a potential offence.
Dangerous trees and immediate risk
Where a tree presents an immediate risk of serious harm — a failed limb hanging over a footpath, a windthrown stem resting on a roof — work to remove that risk can go ahead without waiting, with notice to the council as soon as practicable afterwards.
Two cautions. First, the exception covers the minimum work needed to deal with the danger, not a full removal because some of the tree failed. Second, "it looked dangerous" is rarely enough on its own afterwards — which is why evidence matters so much.
Keep evidence, whatever the case
If the council later questions the work, you will need to show the exception applied at the time:
- Dated photographs of the tree before and during the work, showing the death or the danger.
- A written report from a qualified arborist, wherever time allows one.
- Your written notice to the council and any reply.
- The contractor's records of what was done.
An arborist's report before the work is the single strongest piece of protection — it costs far less than defending a prosecution.
A replacement tree may still be required
Removing a dead or dangerous protected tree usually still carries the duty to plant a replacement, which then inherits the protection. Councils vary in how actively they pursue this, but the duty exists — factor it in before deciding removal is the simplest route, and ask the tree officer what they would expect to see planted.