Understanding Your Legal Responsibilities for Trees on Commercial Land
- Andrew Davies
- Oct 15
- 3 min read
If your business, council, or organisation manages land containing trees, you have a legal duty of care to make sure those trees are safe. Failing to do so could leave you exposed to claims, fines, or even prosecution, not to mention the risk of injury or property damage.
At North West Tree Management, we work with businesses and councils across the UK to ensure they meet their legal obligations through professional tree surveys, inspections, and management plans.
What the Law Says
UK law is clear when it comes to tree safety. Several pieces of legislation place a legal responsibility on landowners and managers:
1. Occupiers’ Liability Act 1957 & 1984
Anyone who controls land has a duty of care to take reasonable steps to ensure the safety of visitors and, in some cases, trespassers. If a tree were to fall and cause harm or damage, the landowner could be held liable.
2. Health and Safety at Work etc. Act 1974
Employers must ensure, as far as reasonably practicable, the health and safety of employees and the public. For councils, schools, and commercial sites, this extends to trees that could pose a risk on or near pathways, car parks, and buildings.
3. Local Authority and Highways Obligations
Councils and highway authorities have a duty to inspect and maintain trees within their control, particularly those adjacent to roads, footpaths, and public spaces.
You can read more on official guidance from the Health and Safety Executive (HSE) and the GOV.UK Tree Safety Guidance.
What “Reasonable” Tree Management Looks Like
The key word in all the legislation is reasonable. The law doesn’t expect every tree to be inspected weekly, but it does expect a clear, proportionate system of management.
A reasonable tree management system usually includes:
A baseline Tree Condition Survey carried out by a qualified arboricultural consultant.
Regular follow-up inspections based on tree age, condition, and location.
Documented maintenance actions, such as pruning or removal where required.
Up-to-date risk assessments, demonstrating proactive duty of care.
By following this approach, businesses can show that they’ve taken all necessary precautions to keep people and property safe.
The Importance of Professional Tree Surveys
A professional tree survey goes beyond a visual check. It provides an evidence-based report detailing:
Tree species, condition and location
Identified defects or signs of decay
Risk ratings and recommendations for action
Compliance with BS 5837:2012 (Trees in relation to design, demolition and construction) where applicable)
At North West Tree Management, our surveys are carried out by qualified surveyors, including Andrew Davies (TechArborA), a Professional Tree Inspector and Registered QTRA (Quantified Tree Risk Assessment) User.
We help clients create structured inspection regimes that satisfy insurers, auditors, and health & safety officers.
Why It Matters to Your Business or Council
Beyond legal compliance, proactive tree management:
Reduces insurance premiums and claims.
Prevents costly damage to buildings, vehicles, and infrastructure.
Protects your staff, visitors, and the public.
Demonstrates corporate responsibility and environmental care.
It’s not just about avoiding risk. It’s about protecting your reputation, your finances, and your community.
Partner with North West Tree Management
We provide professional Tree Condition Surveys, BS 5837 Assessments, and Ongoing Management Plans across the UK, with a specialist focus on the North West and North Wales.
Ensure your business is legally compliant and your trees are safe, give us a call to book your professional survey today.
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