Neighbour's trees – pruning or removing
If you would like to remove a neighbour’s tree, you must obtain permission from the owner of the tree prior to a request being made to Council.
In the case of a strata titled property, consent of the body corporate must be obtained.
Once you have consent, you can apply to remove the tree.
Lodge a tree application
Disputes
If your neighbour's trees are causing or likely to cause damage to your property, and your neighbour is uncooperative, you should seek advice from the Land and Environment Court.
Please be advised that the NSW Government has decided to close Community Justice Centres (CJCs) in NSW. From 1 July 2025, the Department of Communities and Justice (DCJ) will only provide mediation services for matters referred directly from the courts or relating to disputes involving incorporated Associations.
CJC will remain open until 30 June 2025 to provide information to assist in resolving disputes. However, as part of the operational wind-down activities, mediation sessions will not be offered for new enquiries from 1 May 2025, other than those referred directly by the courts or involving incorporated Associations. The CJC website will be updated to reflect these developments.
For further assistance, please refer to the LawAccess website for detailed information about how to resolve these and other types of disputes and what to do where an agreement cannot be reached between the parties.
Dangerous trees
Council has no legal ability to control tree planting on private property, except where this is associated with a condition of development approval or is causing an immediate danger.
The only exceptions are where Council determines a tree is causing an imminent danger or the tree is of a species listed as a priority weed, where Council may serve Orders in accordance with the provisions of the Local Government Act 1993 or Biosecurity Act 2015, to ensure that the land or premises are kept in a safe condition and not giving rise to a biosecurity risk.
Dangerous, uprooted or dislodged trees are usually initially attended to in the first instance by NSW Fire and Rescue or the NSW State Emergency Service and subsequently reported to Council if clean up or removal Orders are required.
If you become aware of a dangerous or unsafe tree you are encouraged to call Emergency Services, in the first instance, or Council in the case of a dead tree or a priority weed.
Still have a tree question?
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