Complaints about Private Trees
The Council is not responsible for trees in private gardens.
The owner of the property is responsible for maintaining trees to their property and making sure they are safe. A list of qualified tree surgeons can be found on the Arboriculture Association’s website.
Before carrying out any work on a tree in your own garden, check whether the tree is protected by a Tree Preservation Order or is a Tree in a Conservation Area.
When residents experience problems with their neighbour’s trees, the following steps will assist you whilst seeking to resolve the matter:
- legally, you are entitled to cut back any overhanging trees/branches in line with the boundary fence. However, if you do opt to cut back any overhanging branches, you should offer the trimmings to the owner. If the owner declines, the trimmings should be disposed of in a lawful manner.
- If step (1) above does not alleviate your concerns, you may wish to engage in informal discussions with the owner and advise them of the issues you are experiencing. This will provide you with the opportunity to negotiate with the owner and explain to them how you are being affected by the tree(s).
- To seek the advice of a qualified tree surgeon to undertake an assessment of the tree(s). The tree surgeon can establish necessary works required and if the tree is deemed to be dead, dying or dangerous. Once the assessment has been undertaken, you will be able to present the tree surgeon’s findings to the owner. This will provide you with a further opportunity to negotiate with the owner having obtained a professional opinion on the matter.
- If steps (1-3) have been attempted and your concerns remain unresolved, you may wish to instruct a solicitor to write a formal letter to the owner on your behalf. Your solicitor will be able to advise you from a legal perspective, and to assist, you will also find a link below which provides further information in relation to your legal rights as a neighbour
- If you can provide satisfactory evidence to demonstrate that the above measures have been undertaken and you still have not had any success, the Council may be able to intervene if it appears to the Council that the tree(s) in question is/are dead, dying or dangerous. However, if the Council agree to pursue the matter on your behalf, there will be a fee of £24.20 and you will need to provide the council with the following information before the investigation proceeds:
- contact details of your qualified tree surgeon
- a copy of the assessment signed by your tree surgeon
- a copy of any letters or any other correspondence sent to the landowner
- photographs of the tree
- a location plan of the property in question
- Making a payment
Telephone – please contact our Customer Services Team (0121 569 4054) who will be happy to take your details and get our secure payment line to call you for all debit/credit card payments
By BACS (Bankers’ Automated Clearing System.) – please contact our Customer Services (0121 569 4054) who can provide you with our account details
By Cheque – cheques made payable to Sandwell MBC
In reaching the decision, the Council will evaluate all relevant factors and will strike a balance between competing interests of you and your neighbour, as well as the interests of the wider community. Once the Council has reached a decision, the Council will notify you of the conclusion in writing.
Contact details – planning_enforcement@sandwell.gov.*
The Council’s Parks and Recreation Services are responsible for trees on Council land. If you have any concerns relating to trees which are managed by the Council, please contact this Service.