Terms and conditions for a tree surgeon

Tree work carries risks other trades do not: the tree may be protected, the branch may belong to the neighbour, and a felling that goes wrong is expensive in a way a bad paint job is not. Terms that put the consents and the boundaries on the customer, define what you will do with the arisings and cap what can be claimed from a business customer are what I draft, for a fixed fee of £995 in five working days.

Who this is for

Tree surgeons and arboricultural contractors in England and Wales doing felling, reduction, pruning, stump removal and hedge work for homeowners, and the same work plus surveys and management for landlords, agents, councils and businesses. The terms are written for consumers and business customers together.

What matters in a tree surgeon's terms

Protected trees and consents

Trees may be protected by a preservation order, by being in a conservation area or by a planning condition, and the customer usually does not know. The terms should make the customer responsible for telling you about any protection, for obtaining any consent or giving any notice required, and should give you the right to refuse or stop work if no consent is produced. Working on a protected tree without consent exposes the contractor as well as the owner, and the terms should say that the customer will bear the consequences of a wrong answer.

Boundaries, neighbours and ownership

The customer must own the tree or have the owner's authority, and the terms should say so. Where branches overhang from next door, the terms should record that you are working to the customer's instructions and boundary, that disputes with neighbours are the customer's, and that access over a neighbour's land is for the customer to arrange. A tree cut back on the wrong side of a line is a claim you do not want to be defending.

Felling risk, property and services

The terms should require the customer to point out underground services, drains, septic tanks and structures near the work, and should allocate the risk of damage that could not have been avoided with reasonable care. You cannot exclude liability for death or personal injury caused by negligence, and against consumers you cannot cut down statutory rights, but for business customers you can cap liability and exclude consequential loss. Your insurance should be stated, because customers ask.

Arisings, logs and waste

The terms should say what happens to the timber, brash and chippings: left on site, left in a stated form, or removed. If you remove them you must be registered as a waste carrier with the Environment Agency. Stump grinding, root removal and making good the ground are separate items and should be priced separately or excluded.

Weather, wildlife, storm work and cancellation

Work should be programmed around weather and nesting birds, with dates as estimates. Emergency work after a storm is an exception to the consumer's right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but only the urgent work is covered, and the request should be recorded. For planned work agreed at the customer's home or by phone, the consumer has 14 days to cancel and you need their express request to start inside that period. Payment is due on completion, with interest and compensation on late payment by business customers under the Late Payment of Commercial Debts (Interest) Act 1998.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted around your business. Five working days.

Review of your existing terms, £495. You already have terms and want to know how much of a problem they are. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of terms drafted around your business, not a template with your name inserted
• A covering note in plain English explaining every commercial choice I made and why, so you can defend the terms in a negotiation without ringing me
• Liability, payment, termination and IP provisions set at a level that will survive a procurement review
• Consumer-facing wording drafted to be enforceable where you sell to consumers
• Guidance on how to incorporate the terms properly, which is where most businesses actually fail
• One round of amendments after you have read them

What is not included

• Negotiating your terms with individual customers
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country

Questions I am often asked

What if the customer tells me the tree is not protected and it is?

If the terms make the customer responsible for checking and for obtaining consent, and record their confirmation, you have a contractual claim against them for your losses. It does not remove your own duty to take reasonable care, so where a tree is obviously significant the terms should let you insist on checking first.

Can I keep the timber?

You can if the terms say so. The default should be stated one way or the other, because customers assume the logs are theirs and contractors assume they are not.

Do the same terms cover tree surveys and reports for agents?

They can, with a section for business customers dealing with what a survey does and does not certify, the reliance others may place on it, and a liability cap.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495, if a main contractor or business customer has sent you their terms to sign
• Terms and conditions for a gardening and grounds maintenance business, if you also do regular maintenance

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.