Plans to check safety of all garden trees will cost homeowners dear

Rosemary Bennett, Social Affairs Correspondent

Homeowners face having to pay a specialist to inspect their trees under a safety regime drawn up by one of Britain’s most respected watchdogs.

The British standard for tree safety inspection would require all trees to be checked by a “trained person” every three years, with a still more rigorous “expert inspection” by an arboriculturist every five years.

Tree owners will also be obliged to conduct a “walk-by” inspection themselves once a year.

The drive to make all trees subject to inspection is being led not by the Health and Safety Executive - which opposes the move - but by the British Standards Institution (BSI). Highly respected in the building and engineering industries, it is better known for its views on the composition of cement than on the health of trees.

Its proposals come despite the low risk posed by trees to the public. On average six people a year are killed by falling trees, making the probability of a fatal accident less than one in two million. This compares with 647 deaths from tripping down stairs or steps.

Under the health and safety principles that have governed trees for 60 years, the risk they pose is “tolerable”, and no inspection regime is necessary if the probability of death is less than one in one million each year.

But the BSI was prompted to act after several legal cases appeared to challenge the existing regime. In 2006 Gary Poll, a motorcyclist, collided with a fallen branch on a road in Somerset and made a claim against the landowners. The judge ruled that if arboriculturists had been called in, the accident could have been averted.

But critics say that the BSI is overreacting and fear that a tree standard would spawn a new industry of tree inspection - a bonanza for arboriculturists but extra cost for homeowners, local authorities and landowners.

Many tree surgeons do not currently charge to inspect garden trees because it normally leads to work. Tree Care, a company in West London, is typical. It does not charge for inspections and quotes but the charge for the most basic work is £160. However, some companies who work for large landowners do offer an inspection service. Prices start at £300.

However, those consulted by The Times yesterday said that if they were being called out for numerous routine inspection visits they would have to charge about £70 a time, or more if they had to climb the tree.

The tree standard is currently a draft, subject to public consultation, but many tree owners are not sure how to make their views known.

The new British Standard would cover trees growing anywhere near where the public had access, or within falling distance of man-made structures such as other properties. It also covers areas where “branch shedding or whole tree failure could potentially cause severe harm or loss of life”.

A recently established risk watchdog, charged with halting the march of the “nanny state”, has intervened to try to get the BSI to think again. The Risk and Regulation Advisory Council said that the level of risk posed by trees did not warrant a national inspection regime.

“The risk from trees has not increased. We believe the existing legal principle effective for the last 60 years is sufficient,” Rick Haythornthwaite, the council’s chairman, said.

“This is a perfect example of how the pressure to regulate to minimise public risk can lead to wholly undesirable outcomes if left unchallenged.”

He also accuses “risk entrepreneurs” in the tree industry for seeking regulation to maximise the perception of risk. “The result is a set of standards for which they are perfectly placed to provide profitable solutions,” he said.

A spokeswoman for the BSI defended its decision to set standards for trees. “We issue standards in all sorts of areas, including businesses such as estate agents,” she said. “We hope to issue the standard early next year and everyone is able to comment on the draft up until July 31.”

Anyone wishing to comment on the draft standard can do so by visiting drafts.bsigroup.com.

If the BSI enforce this regulation garden trees graceing our streets will become a thing of the past. In the short term tree sugeons may make a profit but when all the trees have been cut down surely this will lead to less work and loss of earnings.

Elizabeth Gates, Southamton,

All my trees will be coming down, large garden, over 20. Nice for shade and Co2 and all that. Not that that interests the government. Potentially too expensive and down they will go.

Chris, I wonder if new Labour are taking their policies from old copies of Viz?

Jack, Conwy, Wales

I am breathing a sigh of relief as at long last I can get our neighbour to keep his large oak tree in order. We love having the tree there & have asked him & the previous owner, very nicely I might add, to simply prune it to stop dead branches falling on ours & two neighbours gardens. He ignores us.

Julia McCouaig, Bristol,

When this came over the news I thought it was a spoof or wind-up of Health and Safety or the Euro Commission. Seems not, that it is another example of our over-protective, over-regulated nanny state. What do I pay household / public liability insurance for? Will BSI discount my premiums?? Loopy.

iain.fergusson, Durham,

What an overreaction – and by BSI? I thought they applied standards on request, not on own initiative.

Seems to me that this motorcyclist was speeding – otherwise he would have seen the tree and avoided it.

Let's ask God to grow wind-proof trees that don't blow down in a wind

Les Shaw, Ashtead, Surrey, UK

This will cause most people to cut down trees to prevent having to pay for a useless certificate. It will also be a great loss to our environment as trees convert CO2 into Oxygen which means our so called wise government is shooting itself in the foot if it wants, so it says, to reduce CO2 levels??

David Gordon Morrison, Wokingham, Berkshire, UK

Totally horrendous. Potential disaster for our landscape and wildlife. How about a standard for garden blackbirds and garden gnomes? BSI needs to step back from itself and consider what on earth is it doing. Rick Haythornthwaite must stop this madness. A British Standard for Common Sense required.

Golding Steve, Havant, UK

Is it really April 1st already? The stupidity of this proposal is so obvious that it must be a joke - or rather i wish it was. The undesirable side effect of the mass felling of trees (and when is a shrub a tree) is obvious. But why are they wasting their time and our money on this?

Ken Woodcock, Penryn, Cornwall

This is interesting, but does in apply to the Highways Authority who own a tree just outside the limits of our front garden? Despite our written requests they never inspect, prune or manage the tree in any way.

Neil, Gloucestershire, England

I walk my dog through permissable woodland footpaths. I love to look up on a windy day and see the trees swaying above my head, fully aware of the dagers. It is my choice. if these paths are closed there is a chance i may stay at home and die of boredom instead.

gillian sanders, Falmouth, England

At the BSI site it transpires I have to pay £36 (thirty-six pounds!) to read the report. I have a TPO on a tree overhanging a school playground. The Council will not let me reduce it to a safe height, nor would the government Inspector on Appeal. What do I do?? TPOs only cost the owner money.

Tony , Bromley, Kent

Argos sell chain-saws.
Chop the trees down before you get a TPO or Conservation Order slapped on you, or the tree creepers/snoopers arrive.

Who will prosecute the Council when its trees fall across the pavement and road?

Tony , London, Lond

This is ludicrous, where will it end? We have 1.5 acres, a third is a mature wood, with 300+ yr old trees on our drive. We often find people in our garden under the mistaken belief that "Right to Roam" applies to private gardens (it doesn't, I've checked). What happens if they are hit by a tree?

Jennifer Brand, Dundee, Scotland

When is a tree not a tree? Does my 6ft high Rowan count since I intend keeping it that height? What about the miniature conifers in the back garden? They have the potential to grow into a tree but only if I move them out of their pots . . . How stupid is this?

Jill, Boston, UK

It is clear the BSI that need to be investigated. Are they taking funding from commercial organisations to press forward with such daft proposals? Parliament need to look into their powers, remit and funding.

John Smith, London,

and next.... slippery grass??

Graham Rounce, London, UK

OTT yes, but my neighbour refuses to have a 100ft+ fir tree in his front garden reduced. It's 12ft from my house, 6ft from the pavement /road & has large broken branches. It's an accident waiting to happen, and a damn nuisance (cones, sap, blocking light, fouling cables) Hope it forces him to act.

Lee, Southend, UK

The risk of death or injury from a tree may not have changed in 60 years but the risk of litigation has; largely the result of the legal profession pushing their ‘no win no fee’ services. Society has to take responsibility, do we want to live in a sterile risk free environment that this promotes.

Andrew, Bristol,

Just off to get some petrol for the old chain saw. Ah, at least I'll have firewood for a couple of weeks.

Paul Downes, Milton Keynes, UK

I already pay £1500 a year to keep my 90 trees in good order for walkers and future generations to enjoy - and am proud of it. But I couldnt afford this bill, and can't cut the trees down because they are protected - so it will have to be prison for me!!

Susan Baron, Newmarket, UK

Yet another thing to pay, then of course our house insurance will go up maybe by the amount of trees in your garden. But of course most people will just cut them down. That is the one thing about London that I love, so many trees
So what happens in Parks?
Susan North London ( 6 trees owner )

susan , islington, london

erican WWII soldiers, due to the fact that it's cheaper to cut down a tree than to prune it. So, net result, more CO2 and more psychological problems in the population. Well done again, Labour - and no, i don't think I'm pushing it by blaming the gov't - after all, the gov't has to take responsibility for laws, whoever they are thought up by.

Marco, Kraków, Polska

The government must stop this nonsense immediately, the only result will be loss of millions of trees and wildlife habitat as people cut them down rather than pay out for a worthless certificate. A tree which is sound today may not be tomorrow due to high winds, disease etc. Total madness.

J Heynes, wellingborough, UK

It is not only a money grabbing opurtunity for the arboriculturists but ultimately one for insurance companies and legal firms.

However, is the structural integrity of a tree only going to change in lovely rounded annual periods.

Are the BSI proposals to be a guidance, or a legal requirement?

Graham, Bergen, Norway,

£70 - £300 for having a quick butchers at a tree sounds an excellent idea to me. Good on the BSI for putting a lot of well paid easy work my way.

Jamie, Arborist, London,

Ah, yes, even more evidence of the death of common sense in Britain -- as if more were needed!

Dennis Eagan, Colorado Springs, USA

The Tree Officers comment below fail to reassure me and this is perhaps why the private sector needs to get involved in tree risk management, however common sense must prevail and >95% plus of tree owners are sensible rational beings but the more trees they own the less common sense they exhibit.

Peter , upminster, UK

The risk, 1 in 10m, has not changed but the fear of liability has. A new standard is unlikely to reduce the risk but is certain to bring new obligations to all tree owners and cash for tree inspectors. For once there's a chance to nip bureaucratic madness in the bud and we should.

Sarah, London, UK

Trees beautify the landscape, give shade in summer and improve air quality. These facts will not save them if householders are threatened with large costs for keeping them. We will all be the poorer if they are lost. Shame on the person who came up with this idea.

Judy, Oldham,

It’s not enough for the government just to tax you, they spend what’s left over for you. HIPS, tree safety inspections and coming up Identity cards are but a few. No wonder a lot of people are struggling

Paul, Chichester,

Another money-making excercise that will backfire when everyone begins to cut down as many trees as they can. The country is being strangled by rules, regulations and red tape.

Roger, Cambs,

this is scare mongering, as local authority tree officer of 15 years experience I know of many authorities who do not do this, you infact have a 1 in 10 million chance of being kelled by a tree in the UK and are laible if you not remidy an obvius defect e.g the tree is dead or a branch is brocken

sean, mansfield,

When is a tree not a tree, but a bush and should bushes be included? .... All in the name of equality!

matthew, london,

What city dwelling, concrete jungle living clown dreamed up this nonsense? Can't have been anyone with links to the countryside or the leafy suburbs, don't you agree? Oh, my wife has just pointed out that it is the start of the "Silly Season", so perhaps it is all a joke?

JSMRoberts, Seaford, England

This is going to be a total disaster, as people will cut down every tree they can. Haven't we lost enough trees in gardens already? What about the effect on wildlife?

Robert, Manchester, UK

Time to cut down the tree in my front garden. That'll benefit the environment. I do a walk-by every day, isn't that acceptable?

Paul, Coventry,

People will just cut down any tree that looks suspect or is near a public access. The BSI will oversee the deforestation of the country. I presume it needs the wood pulp to support it's paperwork.

Martin, Cambridge, UK

6 fatalities a year in the UK with a 60 million population puts the risk at one in ten million.
The same risk as being struck by lightening !

Peter Hooper, Windsor, UK

Gee whiz, you've really lost the plot in dear England, haven't you! I emigrated to Australia nearly 40 years ago, and now read with astonishment (and anger) of the ridiculous, interfering, nauseating busybodies coming out of the woodwork to make Brits' life more controlled and miserable. Shame....

James Wells, Perth, Australia

Anyone remember when Viz was funny and had "The Bottom Inspectors" in - they inspected peoples bottoms.

Just wondered.

C.

Chris Bennett, Kidderminster, England

Madness.

Antonio, Estepona,

Sorry, I dont follow. When was the law passed that mandated homeowners to ensure their gardens comply to British Standards?

I cant see even nanny-state nu-labour trying to impose this nonsense.

A Hariis, Kettering, UK

What are we coming to? If we apply this kind of thinking to every area of life, the country will be full of inspectors and report writers, there will be no-one left to produce anything and we'll all go bankrupt and, worse still, starve!

Tim Fellows, Worcester, UK