Felling permission exemptions

This page is intended for organisations responsible for infrastructure and utilities.

It explains:

• when felling can take place without applying for permission
• what evidence is needed to demonstrate that an exemption applies
• the exemptions available to different sectors
• when felling permission is still required

If you are unsure whether an exemption applies, please contact your local Scottish Forestry office before carrying out any work.

If you rely on an exemption, you must be able to show why it applies.

You are expected to collect and keep evidence such as:

• basic surveys
• photographs
• notes of your decision‑making
• risk assessments and method statements (retain for at least three years)

Good record‑keeping helps demonstrate compliance and protects both operators and landowners.

Below are situation or types of felling that do not require a Felling Permission:

Up to five cubic metres of timber per calendar quarter

You may fell up to 5m³ of timber per landholding in any calendar quarter without permission.

However, this exemption does not apply to: 

• native broadleaved woodland sites between 0.1–0.5 ha, where incremental removal would be detrimental
• Caledonian Pinewood Inventory sites

Trees with a diameter at breast height (1.3 m from the ground) of 10 cm or less.

Where the tree is on a slope, the measurement should be taken 1.3 metres from the ground on the most elevated side.

If you are unsure, seek advice from your local Conservancy office or another forestry professional.

Trees in specific places

With the landowners permission, felling permission is not required in:

Orchards

Areas dedicated to growing fruit trees. 

Gardens

Ground adjoining a house, used for plants, shrubs, lawns, and domestic garden features.

Churchyards

Enclosed areas surrounding a church.

Burial Grounds

Land that is set apart as devoted to the internment of human remains, including land that was, but is no longer, used primarily for the burial of human remains.

Public open space

Areas maintained for public use, excluding stands of trees where canopy cover exceeds 20% over 0.1 ha or more.

This may include open areas within:

• public Gardens
• parks
• urban green spaces
• trees forming part of the built environment

A tree where necessary for the prevention of immediate danger to persons or property

You do not need permission to fell a tree that poses an immediate danger, such as:

• direct risk to people
• risk to infrastructure and utilities
• risk to buildings, access tracks, or boundary structures like fences and dykes

Felling should only occur when the danger cannot be removed through pruning or removing limbs.

Completely dead trees

This only applies when the tree is completely dead and is showing no signs of growth or displaying foliage of any kind. 

Trees that are declining, partially dead, uprooted, or windblown are not exempt.

If you are unsure whether a tree is dead you should seek advice from your local Conservancy office or another forestry professional.

Elm trees affected by Dutch Elm Disease

Any elm tree affected by the Dutch Elm Disease pathogen (Ophiostoma novo-ulmi) where the greater part of the crown is dead may be felled without permission.

Elm trees (commonly used in avenues) may be subject to Tree Preservation Orders, so it is best to check with your local authority prior to felling.

Trees required to be felled for approved development

Felling is exempt where it is required to implement formally approved planning permission.

Not exempt:

• outline planning
• planning in principle
• pre‑planning applications

Trees on land occupied by a 'statutory undertaker'

A statutory undertaker may fell trees where they obstruct the construction or maintenance of infrastructure.

Undertakers include operators of: 

• railways and tramways
• roads and waterways
• docks, harbours and navigation
• power and water utilities
• hydraulic power networks

They must demonstrate actual, not theoretical, obstruction.

They cannot fell trees on land they do not occupy unless an exemption or permission applies.

Trees required by court order or legislation

Where a court, tribunal, or legislation requires felling, no felling permission is needed.

Examples include duties under the Roads (Scotland) Act 1984.

Trees on land subject to certain dedication agreements

Dedication agreements were agreements between landowners and the previous Forestry Commissioners that the land would be managed for forestry.

It is not possible to enter into new dedication agreements, but exemptions continue to exist for existing agreements.

Trees that obstruct the approach or departure of aircraft at an aerodrome

Aerodromes are defined as any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft.

Trees by, or at the request of, Scottish Water

Trees may require felling under this exemption where they are, for example, interfering with waste water treatment plants, or obstructing Scottish Water in their maintenance of water infrastructure.

A tree covered by a Tree Preservation Order where consent to fell has been granted by the local authority

A tree covered by a Tree Preservation Order requires consent to fell from either us or the local authority.

Where consent has been given by a local authority to fell a tree covered by a Tree Preservation Order, you do not need to obtain a separate Felling Permission from us.

If you apply for a Felling Permission through our application process we will consult the local authority before granting permission.

Even if the work is related to infrastructure, exemptions do not apply when:

• trees are being felled for convenience, management, or aesthetics
• the risk is not immediate or cannot be demonstrated
• felling is part of routine woodland management
• storm damaged trees do not pose a danger
• felling is being carried out to create space (“resilience felling”)

When in doubt, you must apply for permission.