Summary

Since around 2007, private-land leases in Hong Kong have routinely included a tree-preservation clause requiring prior written consent from the Lands Department before removing or pruning any tree over 95 mm in diameter at breast height (DBH) (Practice Note No. 6/2023). Owners have two application routes: a standard Tree Preservation and Removal Proposal (TPRP) for non-hazardous trees, and an emergency TPRP submission for dead or imminently dangerous trees—filed within 21 days of removal and prepared by a qualified arborist (LandsD Tree Preservation Information, Handbook on Tree Management). All applications must include a Compensatory Planting Proposal with at least a 1 : 1 replacement ratio (TPB PG-No. 16). The Slope Maintenance Responsibility Information System (SMRIS) may also place tree-care duties on adjacent lot owners for slopes. This article explains these requirements, application processes, slope duties, and how Asia Tree Preservation (ATP) can guide owners through every step.

1. Tree-Preservation Clause & Approval Process

1.1 Lease-Level Obligations (Tree Preservation Clause)

Most private-land leases in Hong Kong include a Tree Preservation Clause that provides, inter alia:

“No tree growing on the lot or adjacent thereto shall be removed or interfered with without the prior written consent of the Director of Lands, who may, in granting consent, impose such conditions as to transplanting, compensatory landscaping or replanting as he may deem appropriate.”

Under this same Practice Note:

“A plant is considered to be a tree if its trunk diameter measures 95 mm or more at a height of 1.3 m above the ground level.”

Together, these provisions mean that any tree ≥ 95 mm DBH on—or immediately adjacent to—your lot may not be removed or pruned without first obtaining the Lands Department’s prior written consent (the “Prior Written Consent”) via a proper TPRP submission.

1.2 Scope of Works Requiring Lands Department Approval

Here’s the key wording taken straight from the Lands Department’s overgrown-trees notice, highlighting that not only removal but also “severe pruning” must be approved:

“If the professional considers that removal or severe pruning of the tree(s) is necessary, you have to, except in an emergency situation, make an application to LandsD and obtain written consent before removing or pruning the tree(s).”

This definition of “severe pruning” is subjective and requires careful consideration by a professional prior to action.

1.3 Practice Note No. 6/2023

Practice Note Issue No. 6/2023 (“PN 6/2023”) sets out the Tree Preservation and Removal Proposal (TPRP) process, detailing the required forms, professional-report standards, and compensatory-planting scheme for standard submissions. The Lands Department’s portal also provides Guidance Notes on TPRP.

2. Application Routes

2.1 Standard Tree-Removal Proposal

For non-urgent cases, owners must submit a TPRP before any work begins. A complete proposal typically includes:

No works may start until the District Lands Office issues prior written consent.

2.2 Emergency TPRP Submission

If a tree may pose immediate danger (e.g., dead, unstable, or with hazardous limbs), owners may proceed with urgent removal, provided they:

  1. Commission a tree risk assessment (Form 1 or Form 2) by a Certified Arborist to confirm the emergency (LandsD Tree Preservation Information)
  2. Submit an emergency TPRP within 21 days of removal, including pre- and post-work photos, professional justifications, and the compensatory-planting plan

This route helps address clear hazards swiftly while preserving compliance.

3. Enforcement Mechanisms by the Government

The Lands Department enforces lease conditions through administrative notices, penalty land-premium bills, and compliance orders. Failure to respond can lead to land re-entry and direct government planting or pruning, billed to the owner. In some cases, failure to comply may also impact land lease renewals.

4. Tree Risk Assessment & Arborist Role

A Tree Risk Assessment under the Handbook on Tree Management commonly examines:

  • Decay or cavities in trunks and major limbs
  • Cracks, splits, or excessive leans beyond safe angles
  • Fungal fruiting bodies or root-plate heave indicating structural weakness
  • Identify if a tree is hazardous (dangerous) and recommend appropriate mitigation

a Certified Arborist—such as ATP’s ISA-certified experts—can produce the formal report needed to determine the correct application route.

5. Compensatory Planting Requirements

Every TPRP must include a planting scheme that:

  • Replaces lost canopy at a minimum 1 : 1 tree count ratio
  • Uses approved or native species suited to Hong Kong’s climate
  • Specifies plant sizes, exact locations, and an establishment maintenance plan
  • Identifies if there are suitable planting locations considering soil, space, and topography

This ensures green cover is maintained and aligns with both lease conditions and wider planning policies.

6. Slope Maintenance Responsibilities (SMRIS)

The Slope Maintenance Responsibility Information System (SMRIS)—originating from the 1996 SIMAR project—shows which party is responsible for man-made slopes and vegetation on or above them. Lot owners should:

  • Check SMRIS by lot number or address on the Lands Department website
  • Recognise that adjacent lot owners may hold tree-care duties if slope annotations indicate so
  • Seek legal or surveyor advice if SMRIS findings conflict with lease documents

7. Responding to Compliance Letters & 1823 Complaints

When you receive a Lands Department letter or 1823 tree-complaint notice, you may follow these steps:

  1. Engage ATP for an immediate site inspection and hazard report
  2. Determine the appropriate TPRP route with arborist guidance
  3. Prepare & submit the required TPRP and Compensatory Planting Proposal per PN 6/2023
  4. Follow up with the District Lands Office to secure consent and document all communications

This process educates owners on their duties, helps maintain good standing with authorities, and safeguards public safety.

8. How Asia Tree Preservation Can Assist

ATP has assisted many clients with satisfying this requirement. In our experience, once the Lands Department issues a formal letter to a land lease holder, this file will remain open until all required actions are completed to their satisfaction:

  • Reduce the likelihood of future complaints or incidents: Clients who hire ATP on an annual basis will have a lower risk of 1823 complaints and tree or branch failure incidents.
  • Tree risk assessments: ISA-certified arborists perform thorough tree surveys or risk assessments and recommend the correct TPRP route.
  • Slope responsibility clarification: We guide clients through SMRIS checks and coordinate with surveyors when needed.
  • TPRP application preparation, submission, and revision: ATP drafts and submits both standard and emergency TPRPs, including compensatory planting proposals.
  • Compensatory planting guidance: In some cases, clients lack sufficient on-site space. ATP has secured LandsD approval to waive planting requirements.
  • Tree works execution: Our teams handle pruning, removal, and planting using industry-leading safety protocols.
  • After Works Report: ATP provides a full After Works Report—photographs, certification, and maintenance logs—for your LandsD follow-up after works completion.

8.1 Professional Decision Making for Tree Pruning

As mentioned, the phrase “removal or severe pruning” requires professional review to balance safety and tree health. Simply “hacking” or “topping” can breach government standards and create future hazards. Truly minor pruning—light pruning of small branches, dead-wood removal, or routine maintenance cuts—generally falls outside this requirement, but reducing a crown by more than 25 % or cutting back major structural limbs may trigger a full Tree Preservation and Removal Proposal (TPRP).

Asia Tree Preservation can help you:

  1. Carry out an on-site tree risk assessment under the Handbook on Tree Management to catalogue which branches and volumes are involved.
  2. Advise whether your intended pruning qualifies as “severe” or can proceed as minor maintenance.
  3. Prepare the full TPRP and planting plan when consent is required, or document a limited emergency cut if public safety is at risk.

9. TPRP Applications Prior to Construction Works for Property Development Projects

When tree works are associated with planned construction or building development on private lots, a separate TPRP procedure applies. ATP also has experience with this process and can assist with meeting government requirements in order to reduce problems and delays in the process.

Disclaimer

This article is for general informational purposes only and may not cover all government requirements, which may be updated from time to time. Please consult the relevant government websites to verify current standards. Asia Tree Preservation, Ltd. and its staff are not legal or insurance experts. You should consult qualified legal counsel, licensed surveyors, and insurance professionals for advice tailored to your circumstances.

References