So you’re thinking about getting a tree out of your Melbourne place. Before you lock in a contractor, it helps to check if you actually need a council permit for tree removal in Melbourne. Because from 15 September 2025, Victoria rolled out brand new statewide rules under Clause 52.37, and yeah, these are pretty different from how residential tree removal is handled in most parts of the city.
Getting it wrong can cost you. And fast. Well, it depends on a few things, like how big the tree is, what planning zone your property sits in, and what your council’s local laws say. This guide breaks it down for you, without the jargon, so you can figure out what applies.
The New Victorian Tree Canopy Rules — What Changed in 2026?
Victoria rolled out Amendment VC289 on 15 September 2025, and it did so in a way that basically slots Clause 52.37 into all Victorian planning schemes. Under that clause, a council permit for tree removal in Melbourne anywhere the tree lines up with the new canopy definition.
In practice, this reaches most residential zones across Melbourne, and extends out into surrounding parts of Victoria too, so you’ll see it cover things like Mixed Use Zone (MUZ), General Residential Zone (GRZ), Neighborhood Residential Zone (NRZ) and a few other similar categories. It does not apply in the Low Density Residential Zone (LDRZ), though, so that one’s basically carved out.
Also, Clause 52.37 acts like a state-wide starting point floor. If your local council already runs with stronger tree protections (which many inner-Melbourne councils do) then you still end up using the tougher approach. In other words, you follow whichever threshold is lower, even if that means the state rule tightens things up more than your council normally would.
What Counts as a Protected Canopy Tree in Melbourne?
Under Clause 52.37, a tree is classified as a canopy tree — and therefore requires a tree removal permit in Melbourne — if it meets all three of the following criteria:
| Criteria | Measurement | Notes |
| Height | More than 5 meters | Measured from ground level |
| Trunk circumference | More than 50cm | Measured 1.4m above ground |
| Canopy spread | At least 4 meters wide | Full canopy diameter at the widest point |
All three measurements must be met before the permit requirement is triggered. A tall but narrow tree may not qualify. A wide-canopied tree with a small trunk may also fall outside the clause.
For trees with multiple trunks, only one trunk needs to exceed the 50cm circumference threshold — not a combined total. When in doubt, have a licensed arborist in Melbourne measure the tree before you make any decisions.
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When Do You NOT Need a Permit?
There are situations where tree removal in Melbourne can proceed without a planning permit. These exemptions are defined under Clause 52.37 and supported by most councils:
| Situation | Permit Required? |
| The tree is dead or poses an immediate safety risk | Usually, no arborist report may still be needed |
| Routine pruning within AS 4373 standards | No, as long as work is reasonable and limited |
| The tree is a declared weed species | No permit required |
| Tree meets all 3 canopy criteria (Clause 52.37) | Yes — planning permit required |
| Property in Low-Density Residential Zone | Clause 52.37 does not apply — check local law |
Even in exempt situations, councils can ask for documentation to verify your claim. If you remove a tree without proof that it was dead, diseased, or a declared weed, you may still face a fine.
Routine pruning that follows Australian Standard AS 4373 is generally allowed without a permit. However, excessive lopping, topping, or heavy canopy reduction may still require approval. If you are not sure, ask a qualified arborist before any cutting begins.
How Melbourne Councils Apply the Rules
Inner and Middle Melbourne Councils
Councils such as Boroondara, Darebin, Banyule and Manningham operate their own council tree removal rules in Victoria that are stricter than the state minimum. Boroondara, for example, protects trees with a trunk circumference above 50cm — matching Clause 52.37 — but enforces it more firmly and with less flexibility on exemptions.
Growth Corridor and Outer Suburban Councils
Councils like Wyndham, Melton and Casey — which cover Tarneit, Werribee, Hoppers Crossing and surrounding suburbs — generally have fewer overlay restrictions. However, they still enforce Melbourne council permit requirements under Clause 52.37 for any tree meeting the canopy criteria.
The City of Melbourne manages over 80,000 trees in the public realm and conducts individual arboricultural assessments before any tree removal is approved. Private property applications follow the same rigorous process.
How to Apply for a Tree Removal Permit in Melbourne
The application pathway depends on your tree and council. Most residential applications go through VicSmart — a streamlined process for low-complexity permits. More complex applications follow the standard planning permit pathway.
Here is the general process for obtaining a council permit for tree removal in Melbourne:
- Step 1: Confirm your property’s planning zone and any vegetation overlays on the Victorian Planning Schemes website.
- Step 2: Measure the tree height, trunk circumference at 1.4m, and canopy spread.
- Step 3: Contact your local council to confirm permit requirements.
- Step 4: Engage a licensed arborist to prepare a tree assessment report if required.
- Step 5: Lodge the permit application with your council — online or in person.
- Step 6: Wait for approval before commencing any work.
A licensed arborist in Melbourne can manage steps 2–5 for you, making the process significantly faster and reducing the risk of rejection.
What Does a Council Permit Cost in Melbourne?
| Item | Estimated Cost | Notes |
| VicSmart permit (1 tree) | ~$226.90 | 2025–2026 financial year |
| Standard planning permit | $400 – $1,200+ | Varies by council |
| Arborist report (if required) | $700+ | Often needed to support application |
| Fine — no permit | $3,000 – $30,000+ | Council enforcement varies |
The significant tree permit Melbourne costs under Vic Smart is approximately $226.90 for the 2025–2026 financial year. Standard planning permit fees vary by council and application complexity.
The arborist report is often the highest upfront cost. However, having a professional report significantly increases your chances of a smooth, fast approval — and provides legal protection if the removal is later questioned.
What Happens If You Remove a Tree Without a Permit?
Skipping the council permit for tree removal in Melbourne is a serious risk. In 2026, councils are enforcing these laws with greater consistency and speed than in previous years.
Penalties for unauthorized tree removal in Melbourne can include:
- Fines from $3,000 up to $30,000+, depending on the council and severity
- Compliance notices requiring replacement planting at your expense
- Delays to planning approvals for any related development on the property
- Fines issued to the arborist or contractor who performed the work without approval
The tree removal permit process in Victoria exists to protect Melbourne’s tree canopy — and councils take enforcement seriously. It is never worth the risk.
How a Licensed Arborist Can Help
Navigating Melbourne council permit requirements on your own can be confusing. A licensed arborist in Melbourne takes the guesswork out of the process.
A qualified arborist can visit your property, measure the tree accurately, and advise whether Clause 52.37 applies. If a permit is needed, they can prepare the arborist report councils require — and in many cases, liaise directly with your council on your behalf. For trees that may not need removal, a professional arborist can also recommend pruning, risk management, or staged works that achieve your goal without triggering the tree removal permit requirements.
Frequently Asked Questions
Do I need a council permit to remove a tree in Melbourne?
In most cases, yes — if the tree meets the canopy criteria under Clause 52.37 (height over 5m, trunk circumference over 50cm, canopy spread over 4m). Always check with your local council or a licensed arborist before proceeding with any tree removal in Melbourne.
What is the fine for removing a tree without a permit in Melbourne?
Fines for removing a tree without a council permit can range from $3,000 to over $30,000, depending on the council and the tree’s significance. Councils can also order you to plant replacement trees at your own cost.
Does Clause 52.37 apply to all Melbourne councils?
Clause 52.37 applies to most residential zones across Victoria, including Melbourne. However, councils with stricter existing council tree removal rules in Victoria — such as Boroondara or Darebin — continue to enforce their own thresholds. The stricter of the two rules always applies.
Can I remove a dead tree without a permit in Melbourne?
Generally, yes — dead or hazardous trees can usually be removed without a tree removal permit in Victoria. However, your council may still ask for an arborist report to confirm the tree’s condition. Always document the situation before work begins.
How long does a tree removal permit take in Melbourne?
Vic Smart applications are typically processed within 10 business days. Standard planning permit applications can take 60 days or longer, particularly if the council requests additional information or an independent arborist assessment.
Final Thoughts
The rules around council permit tree removal in Melbourne changed significantly in late 2025. If you are planning any tree work on your Melbourne property in 2026, the smartest first step is to confirm whether your tree meets the Clause 52.37 canopy criteria.
When in do I need a permit to remove a tree territory — and you are not sure — always ask a licensed arborist before touching the tree. The cost of a quick assessment is a fraction of the fine for getting it wrong.
Need help with a tree on your Melbourne property? Contact our team today for a free quote and on-site assessment. We handle the measurements, the paperwork, and the removal — so you do not have to.
