There are different rules and regulations for tree removal in every city in Australia. These rules vary depending on the council area you live in and are not citywide.
Some councils are more lenient than others allowing small and medium trees to be removed without approval, but in general, all have exemptions.
Some common examples are:
- Dead trees
- Hazardous trees
- fallen trees
- trees in fire zones
These are all pretty universal across Australia, but again you will need to check your specific council’s rules for tree removal.
There are some other general rules that most councils have like;
- Trees within 3 metres of your home or pool can be removed
- Trees that are smaller than 3 metres
- For the purpose of erecting a boundary fence
Check your local council rules
I could go on about the possible rules your council might have, but you are best going here and checking your local council’s rules for yourself.
In some cities like Adelaide, you can remove most trees across the board unless they are massive and considered a ‘significant tree’. In other cities like Melbourne and Brisbane, Council uses Vegetation overlays to say what is protected and what you can remove, so it all does depend.
I could go on about the possible rules your council might have, but you are best going here and checking your local council’s rules for yourself.
In some cities like Adelaide, you can remove most trees across the board unless they are massive in size and considered a ‘significant tree’. Other cities like Melbourne and Brisbane, Council uses Vegetation overlays to say what is protected and what you can remove, so it all does depend.
How much does it cost to take down a tree?
The cost to cut down a tree does depend on the size of the tree and its location on your property.
The national average so far this year is $827, but this is a very broad figure.
To get a better idea of the cost to cut a tree down, visit our cost guide.
There we have broken things down into categories of tree size to allow you to get a very accurate estimate on what it might cost you.
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What happens if you cut down a tree without a permit?
If you are very lucky, your council will not find out and you will be fine, but in most cases, a neighbour will always squeal on you, which will land you in very hot water.
Depending on how serious the offence is, you will have to pay a fine ranging from $1000 to $10,000 per infringement. In some cases, you will be asked to appear in court.
It seriously isn’t worth it.
I highly recommend you get your facts straight before you cut down any tree on your property.
What about trees on the property line?
There are some councils that allow trees to be removed within a certain range of your property line with the purpose of erecting or fixing a fence.
Again this does depend on the council area you live in and their particular rules.
When a tree trunk is across both properties, neighbours will normally share the cost of removal, but it is not law, so you will need to come to a gentleman’s agreement.
Can my neighbour cut my tree?
If the tree is on your property but hanging over your neighbour’s yard, they are within their rights to cut any part of the tree hanging over their side.
They will, however, still have to abide by the laws of their local council. As well as tree removal, councils have laws for tree pruning too. A very common law is you cannot prune more than 10% of the tree’s foliage per year and it must be carried out by a professional arborist.
Now I am not talking about little 6 foot high shrubs, these are actual trees 5m or greater. If you have a bush that is hanging over their side of the fence, they can hack at it all they want.
What are some good reasons to remove a tree?
This question comes up time and time again and it is very important especially if you need to apply for a permit to remove a large tree that is protected.
It is worth pointing out that councils will always try to save a tree first, so if your excuse is lame, your application will be denied.
First here is a list of bad excuses with will get your application for tree removal knocked back:
- It’s dropping too many leaves
- leaves are blocking my gutters
- the roots are blocking my drains
- I have too much shade on my lawn
- my lawn won’t grow
- it’s ugly
You get the idea, the above are all pretty minor and the council officer will have a little chuckle to himself and deny your application.
Reasons that will get approval
The tree is dangerous – If your tree has developed a lean recently, been struck by lightning, is dropping branches on a regular basis, you are in a good position to get approval for removal.
Basically, if the tree poses a threat in any way to persons or property, they have no option but to grant approval.
With the above reason, you really do need some evidence though. I have heard of mothers putting the council on notice stating that if a branch were to come down and hit one of her kids/ grandkids etc., they will be sued. The council quickly gives approval in this case.
If the tree were to become sick and start to turn, you will allow you to remove it. If the tree were to fully die, there is no approval needed as dead trees are not protected. You can just go ahead and remove the tree.
Note: I am not saying you should kill your tree. That is illegal. If it were to die though, you would be ok to remove it without council consent.
- In some cases, if the tree is lifting your driveway (it depends on the council. Brisbane allows this)
- If the tree is cracking the foundations of your home
Basically, the reason needs to be pretty serious.
