Reasons for Tree Work under a Duty of Care (UK): Occupiers’ Liability Acts & HSWA

“Tree owners have a legal duty of care. Expert surveys and sensible safety work help you stay compliant, reduce risks, and protect people, property, and trees.”

Last autumn I walked a school boundary where a mature lime overhung a busier-by-the-day footway. From a distance it looked fine; up close, end-weight on one lateral and fresh brackets at the buttress told a different story. We reduced the lever-arm, removed deadwood, and set a 12-month review. That’s duty of care in practice: proportionate inspection, clear records, and the right work at the right time.

Courts tend to reward that kind of system—and penalise neglect. The Occupiers’ Liability Acts 1957 & 1984 and the Health and Safety at Work etc. Act 1974 expect risk to be managed “so far as is reasonably practicable.” See Legislation.gov.uk.

What the law expects (plain English)

Occupiers’ Liability Act 1957 (lawful visitors).
Keep lawful visitors reasonably safe for normal use of the premises. For trees, that usually means a sensible inspection regime and acting on obvious defects. Legislation.gov.uk

Occupiers’ Liability Act 1984 (trespassers).
A duty can arise to non-visitors where you know about a danger, know people may come near it, and it’s reasonable to offer some protection (signage, fencing, targeted works). Legislation.gov.uk

Health and Safety at Work etc. Act 1974 (s.3).
Employers must protect employees and others affected by work—trees included—so far as is reasonably practicable. Legislation.gov.uk

Management of Health and Safety at Work Regulations 1999 (reg.3).
You must carry out suitable and sufficient risk assessments and implement controls (tree surveys are commonly part of this where trees are present). HSE

Guidance that inspectors and courts look at.
The National Tree Safety Group (NTSG) promotes proportionate, common-sense management, and the HSE stresses competent checks within a defensible system. ntsgroup.org.uk | HSE

What counts as “reasonable”? Two instructive cases

• Stagecoach South Western Trains v Hind (2014).
  No liability where the landowner made periodic informal observations and there were no warning signs of defect; a blanket requirement for expert inspections wasn’t imposed in that context. Takeaway: proportionate checks are acceptable where risk and red flags are low.
  Sources: St John’s Chambers | Today’s Conveyancer
• Cavanagh v Witley Parish Council (2017; upheld 2018).
  Liability after a large roadside lime failed; a three-year cycle was held inadequate for that location and tree size—~2 years was considered reasonable. Takeaway: intervals must reflect use, occupancy and tree factors, not a one-size cycle.
  Sources: Barrell Tree Care | CaseMine | trees.org.uk

Practical reasons to instruct tree work

1. Immediate risk reduction.
   Remove/reduce hazards (unstable stems, major deadwood), especially near highways, playgrounds, entrances and seating. Legislation.gov.uk
2. Storm preparedness and post-storm response.
   Extreme weather raises failure likelihood; targeted pre-emptive work and rapid follow-ups reduce foreseeable risks. See sector commentary: Brodies LLP
3. Context-driven inspection cycles.
   High-use zones (schools, pavements, bus stops) merit more frequent checks than low-use woodland. Cavanagh underlines tailoring frequency; NTSG explains proportionate management. CaseMine | ntsgroup.org.uk
4. Protecting employees and contractors.
   If people work around trees, assess and control risks (e.g., fragile branches over work areas). Legislation.gov.uk
5. Managing known defects, pests and diseases.
   Where inspection finds significant decay or structural issues, proportionate works—or exclusion/monitoring—are justified.
6. Safeguarding infrastructure and access.
   Maintain clearances to roads, paths, lighting, sightlines and safe headroom.
7. Insurance and defensibility.
   A clear inspection-and-action trail satisfies insurers and shows you met “reasonable and practicable” tests. Guidance: ntsgroup.org.uk | HSE
8. Tree health and long-term value.
   Formative pruning, timely reductions and veteran care reduce future risk while preserving amenity (BS 3998 principles).

Building a defensible tree safety plan (the stuff courts recognise)

1. Zone your land.
   Map high-use/sensitive areas (roads, play areas, paths) vs low-use blocks. ntsgroup.org.uk
2. Set inspection levels and frequencies.
   Informal/look-over in low-risk zones; VTA in moderate zones; detailed/climbing or instruments where defects are suspected. Review intervals by size, species, condition and occupancy. Remember Cavanagh for large roadside trees. CaseMine
3. Use competent people.
   Engage suitably qualified, experienced arboriculturists; regulators expect competence. HSE
4. Prioritise and act.
   Categorise works (Urgent / Soon / Monitor) and use interim controls (barriers, diversions) where needed.
5. Document everything.
   Keep dated inspections, defects, photos, decisions, instructions and completion notes.
6. Plan the work safely.
   Ensure contractors follow safe systems of work—part of your HSWA/MHSWR duties. Legislation.gov.uk
7. Check constraints before cutting.
   Confirm TPO/Conservation Area status with your local authority.

FAQs

Do I have to inspect every tree?
Not always to have a reasonable, risk-based system and focus on trees where people/property are exposed. That’s exactly what NTSG advocates. ntsgroup.org.uk

How often should I inspect?
There’s no single legal interval. Frequency follows risk (location, size, condition, occupancy). Courts have criticised blanket three-year cycles for large roadside trees in busy locations; around two years was considered reasonable in that scenario. CaseMine

What about trespassers or desire lines?
The 1984 Act can impose duties where you know of hazards and that people may come near them—especially children. Measures might include signage, fencing or targeted works. Legislation.gov.uk

Is an informal look-round enough?
Sometimes. Stagecoach v Hind shows that, in low-risk contexts without warning signs, periodic informal observations can be reasonable. Where risk is higher or defects are suspected, escalate to competent inspections. St John’s Chambers

The bottom line

Tree work isn’t about eliminating all risk—it’s about managing it sensibly and keeping a paper trail that shows you acted reasonably (and, for employers, so far as is reasonably practicable). A proportionate, documented regime using qualified arboriculturists protects people, trees, budgets—and you.
Further reading: Legislation.gov.uk | ntsgroup.org.uk

Need a defensible Duty-of-Care Tree Survey?

I can produce an inspection plan, risk-based priorities and BS 3998-aligned work specifications, plus the records you’ll want if anything is ever questioned.

General guidance for England & Wales; not legal advice.Key sources: OLA 1957 & 1984; HSWA 1974; MHSWR 1999; HSE guidance; National Tree Safety Group; Stagecoach v Hind; Cavanagh v Witley Parish Council.Legislation.gov.uk | HSE | ntsgroup.org.uk | St John’s Chambers | CaseMine | trees.org.uk | Barrell Tree Care | Today’s Conveyancer | | Brodies LLP