Can I cut a tree down on my property?

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Cutting a tree down on your property is not a big deal in terms of effort - but in terms of legality it can be very risky.

There are several species of tree and vegetation that you can't remove without council permission. However, a general rule of thumb is you can you can legally cut a tree down, or part of it, on your property when it;

Has decay, split trunks, or is bent posing a risk.
Is dead or sick due to natural causes.
Has been leaning and may fall anytime due to storm.
Is within 3m of your house or the fire zone.
Falls within the harmful weeds category.
Falls under the small trees category as per your local laws.
Is on your private property line where you want to build fencing.

What happens if I cut down trees on my property without permission?

Some rules and regulations prevent the removal of protected trees even on your land. The local government can fine you $2000 or more for removing a tree without a permit depending on their type (i.e. native tree, protected tree species, heritage, significance), location, surrounding environment, and circumstances. Violating the laws of vegetation clearing and trees protection may result in legal action in addition to a heavy price. You must follow two basic procedures, listed below.

Get a permit to remove a tree

Remember that local councils of each state have a different set of laws for tree preservation and vegetation - you should go through the tree safety regulations of your local authority and seek permission to avoid getting in trouble.

Use someone qualified

Talk to a qualified arborist or tree services provider for advice on how to avoid legal issues.

Can the council remove trees?

It depends on several circumstances and the laws that vary by state. Local state councils can remove trees if they are in a public place.

When a tree is entirely on your premises, the local council may not do this job and you will need to get approval, bear all the costs and do the procedure required by the law even if you are removing dead trees

If the tree is on the boundary of your land, you can request the state or city council for pruning or removal. Sometimes they even do not make you pay any cost.

Council tree removal

You can request the city council to remove a tree grown on public land if it presents any of the issues outlined below.

It is overhanging into your premises and excessively dropping leaves.
Branches could cause significant harm to your house.
Covering solar panels or considerably blocks sunlight or view.
Roots are damaging the structure of your building or blocking drains.
It is dead and may fall and cause damage to your home.

Using an arborist sent by the council is essential. Generally they would not recommend removal, especially when it is from a significant tree species and try to save it unless there is no solution.

Can you sue your neighbour for cutting down a tree?

There are well-defined rules on pruning or removing trees in the private and public area affecting your building. But there may be a situation when your neighbour removes a tree without your consent.

Is it overhanging their property causing an issue?
Are the roots or trunk destroying their property?
Is the tree dying naturally?

You can consult your legal services provider and approach the local council dispute tribunal and file a complaint. The tribunal can consider your complaint based on the tree protection laws of the state or city and decide if you are entitled to get compensation.