Tree work on new build

[castie]

Hi,

I recently moved into a new build with a large tree in the backyard in Feb 2015.
Since then I have been asking the builder why they have not trimmed the tree before completion.

They basically refused saying they don't go near trees that have Tree Preservation Orders on them.
The tree itself is very overgrown and a tree surgeon that looked at it in the last few months said it was severely out of control and would need the maximum cut allowed by the council. (30% off the crown and thinning)

My question is, should the builder (Countryside) have ensured the tree was in a fit condition prior to handing over the keys?
I would of thought yes given the backyard is landscaped to some extent.

Any advice would be great.

[New Home Expert]

This is the first time I have been asked about this.
Most builders prefer to cut down most of the trees anywhere near proposed buildings before making a planning application if they are not already protected.
 
No one can do anything to a tree with a Tree Preservation Order on it without the TPO officer's prior approval and agreement.  You can also be sure that in "austerity Britain" the council will make a charge for the before and after site visit and any authorisation approval.
How to make an application to carry out work on a TPO tree.

I am surprised that Countryside didn't choose to tidy up the tree so it looked better and therefore the home was more likely to sell, perhaps for a higher price.
I would get a quote for the tree surgery and suggest that you ask Countryside to pay half the cost would be fair.

I will add the subject of Tree Preservation Orders to my main website on the "Questions to Ask" page!

[castie]

Thanks for the reply.
Council have approved the works with no fees so that's a relief.

House was bought off plan so we knew there was a tree but did not know the state of it. (It's as high as the house itself and just as wide at its widest part)
When we subsequently visited the site I mentioned it to the sales person and she assured me the backyard was being landscaped so all those things would be looked after.
But of course this was only verbal and we had already bought.

[New Home Expert]

That is why new home buyers should get everything in writing!
At least it hasn't cost you anything to get permission.

There could be a case of misleading and withholding relevant known information and you may be able to make a claim using the Consumer Code for Home Builders Adjudication Scheme.
Even more of a case why it would be fair and reasonable for Countryside to pay half.