How a tree cutting permit works: can I cut one down on my property?

Photograph of a sagging tree trunk after felling.

The felling of the trees sparked a fierce controversy after an article in Infobae España stated that Aedas Homes planned to build 1,000 homes in Posuelo and cut down more than 100 trees without the necessary permits.

This issue, joined by local residents and the Más Madrid-Somos Pozuelo party, was referred to the police, with photos and videos presented as evidence.

Police forced the developer to suspend the construction of the new houses until the municipality of Pozuelo gives them the necessary permits to cut down the trees.

For now, the company may be limited to only clearing and removing drybranches until all required procedures have been completed.

But what should I do if I want to cut down a tree on my property?

In accordance with Law 8/2005 on the Protection and Development of Urban Vegetation of the Community of Madrid, it is prohibited to cut down trees protected by law, that is, those that are more than 10 years old or have a trunk with a diameter of more than 20 centimeters.

There are, however, certain cases where they can be replanted or cut down.

Trees may be replanted when vegetation is affected by construction work, renovations of any type, infrastructure construction, or the presence of an urban forest interface.

In these cases, tree transplanting will be allowed.

In cases where fellingis the only possible alternative, the law requires the planting of an adult specimen of the same species for each year of life of the destroyed tree.

In all these cases, however, it is necessary that the author of the felling provides the competent authority with information on the number, species, date and place of the planting.

In addition, within the following year he must provide a report on the condition and development of the planted trees.

In any case, the following steps must be followed before action is taken.

An application for a felling permit must be registered with the local administration of the locality where the action is planned.

In addition, it can be submitted in two ways: online.or in person.

The first option requires an electronic signature, after which an application form is completed.

The second option is to submit it at the office of the relevant department.

It is also necessary to submit a certain package of documents, including a technical report, drawn up and signed by a professional specialist in the field.

This must include photographs of the environment, the characteristics of the tree, a location plan, the date of the felling, and a definition and justification of the planned action.

Those who cut down trees without proper permits may face high fines.

In the case of very serious offenses, fines can range from 100,001 to 500,000 eurosand applies in cases of cutting, demolition or destruction of legally protected trees without authorization.

Serious violations are penalized for activities on public streets that directly or indirectly harm urban trees or violate regulations and administrative acts that justify specific actions.

This also includes inadequate pruning or treatments that may damage vegetation, obstructing inspection work, and repeating two minor violations within five years.

In cases of minor violations, where none of the above violations are committed, as well as acts labeled as serious but with a minor degree, the fine will range from 300 to 10,000Euro.

It is also possible to prune when the crown of trees significantly reduces lighting inside dwellings, or when the necessary distances from electrical or telephone wires are not maintained.

It can also be done where the visibility of traffic lights is severely restricted or where it poses a hazard to traffic or pedestrians.