Homeowners are often surprised by how many rules apply before a single branch can be removed from a tree. Local councils across the city each apply their own tree preservation orders and development control plans, all backed by state legislation. As a result, what seems like a simple decision in the backyard can quickly involve permits, exemption lists, protected species and fines if mistakes are made. Here at North Shore Tree Services, we help navigate this complexity every day and understand the importance of knowing where they stand before any work begins.
In this article, we’ll explain the key elements that shape tree removal in Sydney and the consequences of unauthorised work. You will see how different rules apply to pruning compared with full removal, how boundary disputes and neighbour trees are treated and why engaging qualified arborists can protect safety and legal compliance. By the end, homeowners will have a clear picture of the main regulations that affect residential tree work and the practical steps that help keep projects compliant, cost-effective and stress-free.
Why Tree Removal Is Regulated in Sydney
Tree removal is tightly regulated because trees are treated as community assets, not just private garden features. Councils want to protect the city’s canopy, control unsafe work and make sure important native and mature trees are not lost without good reason.
For homeowners on the North Shore, this means they usually cannot simply cut down or heavily prune a tree without checking the local rules or obtaining council approval. Understanding why the rules exist helps explain when permission is needed and why some applications are refused or conditioned.
Protecting Sydney’s Urban Canopy and Environment
Sydney councils use tree regulations to maintain long-term tree cover across suburbs. Large trees provide shade, cool streets in summer and reduce energy use in nearby homes. If every property owner removed trees freely, entire streets could lose shade within a few years.
Trees also play a major role in stormwater control. Their root systems stabilise soil, and their canopies slow heavy rain, which reduces runoff and erosion. Unregulated removal on a slope can lead to landslip risk or increased flooding on neighbouring properties.
Councils are also protecting habitat. Many native species depend on mature hollows and a continuous canopy. Removing a single habitat tree might seem minor, but widespread removal across a suburb can reduce biodiversity. For this reason, some species or size classes are protected in Tree Preservation Orders or Development Control Plans.
Managing Safety and Property Risk Properly
Another key reason for regulation is safety. Large trees close to homes or power lines need to be assessed correctly so genuine hazards are addressed, but healthy trees are not removed unnecessarily.
Unqualified or DIY tree removal can lead to serious injuries, damage to houses or public assets and disruption to services. Councils encourage or require the use of suitably qualified arborists so risks are identified and controlled using industry standards rather than guesswork.
The permit process also allows the council to distinguish between a dangerous tree and one that only needs targeted pruning. For example, if a gum has dead branches over a roof, the council may approve the removal of the hazardous limbs but keep the main structure for shade and habitat. This balanced approach is only possible where work is regulated.
Balancing Private Rights With Neighbourhood Amenity
Tree rules also protect the broader character of Sydney suburbs. Established trees contribute to streetscape appeal, property values and the local identity of leafy areas. If a single owner removed front garden trees to create extra parking, it could reduce amenity for neighbours and the public.
Regulation provides a framework to balance a homeowner’s right to develop or enjoy their land with the community’s interest in greenery, privacy and outlook. When we assist clients with council approvals, we show how necessary work can be done while keeping as much canopy and visual amenity as practical.
When Council Approval Is Required for Tree Removal
Most homeowners cannot simply cut down a tree whenever they choose. In many cases, council approval is required and removing a protected tree without consent can lead to consequences. Each council has its own policy. However, there are common rules. The key factors are the tree’s size, species, location, health and any heritage or environmental protections on the property.
General Triggers for Needing Approval
In most council areas, a tree is protected if it meets certain size thresholds. A typical rule is that council consent is needed if the tree is more than 3-5 metres high or has a trunk circumference over about 300-400 mm measured at 1.3 metres above ground. If a tree meets or exceeds these limits, it usually cannot be removed or heavily pruned without written approval.
Approval is also commonly required if:
- The tree is a locally indigenous or significant species listed in the council’s Tree Preservation Order
- The property is in a conservation area, or the tree contributes to a streetscape or habitat corridor
- The work involves more than minor maintenance, pruning or will alter the tree’s structure
We regularly check the relevant council controls for each site and can advise whether a specific tree is likely to be protected.
Heritage, Conservation and Significant Trees
If a property is heritage listed or within a heritage conservation area, tree controls are usually stricter. Even smaller trees may be protected to preserve the character of the streetscape. In these cases, council approval is often required for pruning as well as removal.
Some individual trees are listed as protected because of their age, size, species, habitat value or historical importance. These trees almost always require a formal application supported by an arborist report before any substantial work is allowed. Removal is typically only approved if the tree is dead, structurally unsound or presents an unacceptable risk that cannot be managed by pruning.
When Approval Is Still Needed Despite Risk or Inconvenience
Many are surprised to learn that council approval can still be required even if a tree is inconvenient or creates problems. Common issues such as leaf litter blocking gutters, shade over solar panels or minor root damage to lawns and paths are usually not enough to remove the need for consent.
Where a tree is alive but hazardous, councils usually want professional evidence. A level 5 arborist report is often needed to demonstrate structural defects or disease and to justify removal. We can inspect the tree, assess risk and help prepare the documentation the council typically asks for.
Emergencies are treated differently. If a tree has already fallen or is an immediate and obvious danger, some councils allow urgent works without prior consent, although evidence such as photographs and an arborist letter is usually required afterwards.
Trees Commonly Protected Under Sydney Council Rules
Protection usually depends on species, trunk size and location, not just whether the tree is native. Understanding which trees are commonly protected helps homeowners avoid costly fines and plan legal removal or pruning with confidence.
While details vary between councils, several patterns are consistent across the North Shore and greater Sydney. In general, large native species, habitat trees and old specimens are the most likely to require council approval before removal. As professionals, we help check the specific controls for a property’s local council.
Native Species and Habitat Trees
Most Sydney councils give automatic or extra protection to native species. This often includes:
- Eucalyptus species such as gums, scribbly gums and ironbarks
- Angophoras and paperbarks
- Banksias, bottlebrush and wattles
Habitat trees receive particular focus. A tree that contains hollows, nesting sites or provides food or shelter for birds and wildlife is likely to be protected even if it is unattractive or partially dead.
Significant and Heritage Trees
Some trees are individually listed as heritage or significant trees in a council’s Local Environmental Plan or Tree Preservation Order. These are often:
- Very old specimens that predate surrounding development
- Landmark trees visible from public areas
- Trees associated with a heritage building or garden design
Where a tree is listed as significant, pruning and root work are also controlled. Homeowners generally require approval for any work beyond minor maintenance. Engaging a qualified consulting arborist is usually necessary to support an application and to specify sensitive pruning methods that comply with standards.
Large Exotics and Trees Near Boundaries or Bushland
Although native species are a priority, many large exotic trees are also protected once they reach a certain trunk size. Common examples include liquidambars, jacarandas, magnolias, camphor laurels and some conifers. If the trunk meets the size threshold, council power consent is often required, even if the species is not listed as desirable.
Council rules are also stricter for trees that:
- Are within a set distance of natural bushland or riparian corridors
- Form part of a mapped wildlife corridor
- Sit along a shared boundary line or overhang neighbouring properties
In these situations, the tree’s role in stabilising soil, shading waterways or linking habitats can trigger protection. Before removing or heavily pruning a large shade tree or boundary tree, homeowners should confirm its status.
When Tree Removal May Be Allowed Without Approval
Some trees can be removed without a formal council application, but only in specific situations. Understanding these exemptions helps homeowners act quickly when there is a safety risk while avoiding fines for unlawful work. The general rules below apply in many council areas, but our team always recommends checking the exact requirements for the relevant council area before any work is booked.
Dead, Dying or Dangerous Trees
Most North Shore councils allow removal of a tree that is dead, structurally failing or poses an immediate safety risk without prior approval.
To rely on this exemption, the homeowner should be able to show that:
- The tree is completely dead with no green foliage or live tissue
- The tree is clearly dying with advanced decay, major dieback or pest damage
- The tree or large branches are at imminent risk of falling on people, buildings or power lines
If only part of the tree is dangerous, the council may allow removal of the unsafe limb only, rather than the whole tree. Our arborists assess whether pruning can make the tree safe or if full removal is justified.
Minor Vegetation & Size Exemptions
Shrubs and small trees below a certain size are usually not protected under Tree Preservation Orders. While measurements differ slightly between councils, a common rule is that approval is not required if:
- The tree trunk is under a set diameter at 1.4 m above ground (often 200–300 mm)
- The species is not specifically listed as protected
Groundcovers, hedges and most common garden shrubs are usually exempt. Problems arise when a hedge has grown into a row of tall trees or when a shrub has matured into a substantial tree.
The 10/50 Vegetation Clearing Scheme
For properties in designated bushfire-prone areas, the NSW 10/50 Vegetation Clearing Code allows certain trees to be removed without council approval to reduce fire risk.
If a home is within a mapped 10/50 entitlement area, the owner may typically:
- Remove trees within 10 metres of the external walls of an eligible home or main building
- Clear underlying vegetation, such as shrubs within 50 metres
However, strict conditions apply, including:
- The building must be existing and legally approved
- Heritage items and some environmental zones are excluded
- Only the trunk distance is measured, not the canopy spread
Homeowners should always use the official NSW Rural Fire Service 10/50 online tool and keep a printout or screenshot confirming their entitlement before removing trees.
How the Sydney Tree Removal Approval Process Works
The approval process for tree removal is designed to protect trees while still allowing necessary work for safety and building projects. As a homeowner, you must follow council rules carefully because removing a protected tree without approval can lead to fines and orders to replace the tree.
We help navigate this process from initial assessment through to final removal. While each council has slightly different rules, the general steps, timeframes and typical costs are quite similar across Sydney.
Step 1: Check if the Tree Needs Approval
The first stage is to confirm whether the tree is exempt or protected. Most councils require approval if the tree is above a certain size, typically over 3 to 5 metres in height or with a trunk diameter over 300 mm at 1.4 metres above ground. Species such as noxious or environmental weeds are often exempt.
Homeowners should check:
- Their local council's Tree Preservation Order or Development Control Plan
- Any 10/50 bushfire vegetation clearing rules apply if the property is in a designated zone
- Heritage or conservation area controls that may override general rules
As experts, we can identify the species, measure the tree and advise if a formal application is needed or if the work falls under an exemption, such as dead trees or minor pruning.
Step 2: Prepare and Lodge the Application
If approval is required, it is usually done through a tree removal permit or a development application when linked to building work. Councils commonly ask for:
- A site plan showing the tree location
- Photos of the tree
- Reasons for removal, such as damage, risk or construction
Application fees vary by council and by the number of trees but are typically in the range of $80 to $250. When an arborist report is needed, you should expect an additional $300 to $800, depending on access and complexity.
Step 3: Assessment, Decision Timeframes and Conditions
Once lodged, the council arborist or planning officer assesses the application against their tree policy. For a straightforward tree permit not linked to building work, the usual assessment timeframe is around 10 to 20 business days, although busy periods can extend this to 4 to 6 weeks.
Outcomes may include:
- Approval to remove the tree
- Approval with conditions, such as replacement planting or specific protection measures for nearby trees
- Refusal if the tree is assessed as healthy and significant with no compelling risk or structural reason to remove
Where an application is refused, there is usually an internal review or appeal process. In those cases, a more detailed arborist report or design changes to the proposed development are often needed before resubmitting.
Penalties for Removing a Tree Without Council Approval
Removing or heavily pruning a tree without council consent can lead to penalties. Each local council enforces its own tree preservation rules, but all of them treat unauthorised work on protected trees as a serious offence. Homeowners are usually surprised at how high the fines can be and how long the repercussions last.
We recommend that homeowners confirm approval requirements before any major tree work. It is almost always cheaper and less stressful to obtain advice and consent upfront than to deal with fines and compliance action later.
Typical Fines and Legal Consequences
Penalty notices commonly range from a few hundred dollars up to several thousand dollars per tree, depending on the size of the tree and the extent of damage.
For more serious or deliberate breaches, councils can take the matter to the NSW Land and Environment Court. Under the NSW Environmental Planning and Assessment Act and related legislation, the court can impose much higher penalties. In serious cases, fines can reach hundreds of thousands of dollars, particularly where a mature tree has been completely removed.
Requirement to Replace or Restore Trees
Councils often require replacement planting when a protected tree is removed without consent, even if a fine has already been paid. This is designed to compensate for the loss of canopy cover and amenity rather than simply punish the owner.
Replacement conditions may include:
- Planting one or more advanced trees of approved species
- Maintaining those trees for a set period so they can become established
Sometimes councils order restoration works if the removed tree was large or part of a habitat corridor. These can be costly and must usually be completed within a set timeframe with evidence.
Impact on Future Approvals and Insurance
Unauthorised tree removal can affect how councils assess later applications for building work or further tree pruning. A history of non‑compliance can make councils less flexible on new requests, and they may apply stricter conditions or require more detailed reports.
There can also be insurance implications. If a tree is removed illegally, then a related claim may not be supported by some insurers. Neighbour disputes can escalate where one party removes a shared or boundary tree without consent, leading to civil claims in addition to council penalties.
By using an experienced arborist and ensuring all necessary approvals are in place, you can avoid penalties and protect your property value and local environment.
Tree Removal Involving Neighbours and Boundary Trees
Tree issues on or near a boundary are some of the most common reasons homeowners contact professionals. When a tree affects two properties, the rules become more complex, as council regulations and neighbour law come into play. This section explains who is responsible for a boundary tree, what can be done about overhanging branches or invasive roots and how to handle disputes respectfully while staying within the law.
Understanding Boundary Trees and Shared Ownership
A boundary tree is one where the trunk crosses or sits exactly on the dividing line between two properties. In most parts, that tree is treated as jointly owned by both neighbours.
That usually means:
- Neither neighbour can remove the whole tree without the other owner’s consent
- Both neighbours may have to sign any council permit or development application
- Both may share responsibility for keeping the tree in a reasonably safe condition
If the trunk is entirely inside one property but branches or roots cross the boundary, legal ownership generally rests with the landholder where the trunk stands. However, the neighbour still has certain rights to deal with encroachment, subject to council rules.
Overhanging Branches and Encroaching Roots
In New South Wales, a neighbour usually has a limited right of abatement, meaning they may prune branches or roots that cross into their property back to the boundary line at their own cost, provided:
- The tree is not protected by a Tree Preservation Order or other council control
- The work does not damage or destabilise the tree
- Access is gained lawfully and without entering the neighbour’s yard without consent
Any timber, branches or fruit cut from the neighbour’s tree technically belongs to the tree owner. As a courtesy and to avoid disputes, it is best to agree in writing whether the material will be left, removed or chipped on site before work begins.
Disputes, Damage and When to Seek Help
If a neighbour’s tree is damaging fences, driveways or underground services, the affected owner should first notify the tree owner in writing with photos and a clear description of the problem. Often, the issue can be resolved by:
- Agreeing to shared costs for remedial pruning
- Installing root barriers or targeted pruning to relieve pressure
- Scheduling regular maintenance to reduce the risk of future damage
If the neighbours cannot agree, they may apply to the NSW Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006. The court can order pruning, removal or payment of compensation in serious cases of damage or risk.
Emergency and Storm-Damaged Tree Removal Rules
Emergency and storm-damaged tree work is treated differently from routine tree removal. Councils allow dangerous trees to be made safe quickly without the usual full approval process, but they also expect homeowners to follow specific rules and keep good evidence.
We help navigate these rules by assessing the level of risk, advising what work is exempt and documenting the damage so homeowners are protected if the council asks questions later.
When Can a Tree Be Removed Without Approval?
Most councils allow removal or major pruning without consent if a tree poses an immediate risk to people or property. In practice, this usually covers situations where the tree is:
- Split, uprooted or leaning heavily after a storm
- Hanging over or on a roof, driveway or public footpath
- Holding large, broken branches that could fall at any time
- Damaged at the base, so it is unstable
If the tree is damaged but still relatively stable, some councils require a fast-tracked application rather than an informal emergency removal. This is where a qualified arborist’s written assessment is important.
Evidence Homeowners Should Keep
Even when emergency work is clearly allowed, councils often expect proof that the tree was dangerous at the time. Homeowners should keep:
- Clear photos and videos of the damage before any work starts
- Photos showing the tree’s position in relation to buildings, power lines or public areas
- Copies of any SES reports, insurance reports or safety notices
- The arborist’s written report or invoice describing the emergency risk
We routinely document storm damage and provide site photos and notes on structural defects. This documentation can be vital if the council later questions why a protected tree was removed without normal approval.
Working With Council and Other Authorities
Where a tree has fallen onto public land, power lines or a shared boundary, more than one authority may be involved. If power lines are affected, you must contact the electricity provider or emergency services before any tree work. Arborists cannot safely proceed until the site is declared safe or the lines are isolated.
Many also require notification after an emergency removal of a protected species. We can help homeowners:
- Confirm if the work qualifies as exempt emergency work under the local Tree Preservation Order
- Notify the council where required and supply supporting documents
- Plan any follow-up pruning or replacement planting if the council requests it
By acting quickly to remove immediate hazards and carefully recording what has been done, you can stay within tree rules while keeping their property and family safe during and after storms.
Sydney’s tree removal rules are detailed, locally varied and strictly enforced to protect the city’s urban forest while still allowing homeowners to manage genuine risks. Knowing when approval is required, how local DCPs and Tree Preservation Orders apply and what biodiversity or heritage obligations may affect your property can help you avoid delays and costly mistakes. While councils differ in their specifics, they all expect accurate applications, proper documentation and professional work practices. That’s why tree work should always be treated as a regulated activity, not just a garden task. If you’re unsure where you stand, speak with experienced arborists like us here at North Shore Tree Services, who can guide you through approvals and carry out compliant, safe tree management that protects your property and the character of leafy suburbs.
