You’ve got a tree in your yard that needs to come down. Maybe it’s dropping branches on the roof, maybe it’s blocking a renovation, or maybe it’s simply outgrown the space. Before you pick up the phone to book a removal, there’s a question worth asking first: do you actually need a tree removal permit in Victoria?
The honest answer is: it depends. Since September 2025, a new statewide rule called Clause 52.37 has changed how tree removal works across most residential properties in Victoria — and a lot of homeowners are getting caught out simply because they didn’t know the rules had changed.
This guide breaks down exactly what Clause 52.37 means for your property, which trees are protected, how much a permit costs, and what happens if you skip the process altogether.
What Is Clause 52.37?
Clause 52.37 is a Victorian planning provision, introduced on 15 September 2025 under Amendment VC289, that requires a planning permit to remove, destroy, or lop a “canopy tree” on residential land in most zones across the state. It sits alongside existing council local laws and overlays, rather than replacing them.
The change was brought in as part of the state government’s push to protect Melbourne’s shrinking tree canopy, particularly as new housing developments put pressure on established gardens and street-facing greenery. Before this clause existed, tree protection rules varied enormously between councils. Some had strict local laws, others had almost none. Clause 52.37 sets a consistent baseline that now applies everywhere, on top of whatever your local council already requires.
What Counts as a Protected “Canopy Tree”?
Under Clause 52.37 in Victoria, a tree is only classified as a canopy tree — and therefore potentially protected — if it meets all three of these conditions:
- Height greater than 5 metres above ground level
- Trunk circumference greater than 0.5 metres (50cm), measured at 1.4 metres above ground
- Canopy diameter of 4 metres or more
If your tree fails even one of these three tests, Clause 52.37 doesn’t apply to it (though a local council law or overlay still might). For trees with multiple trunks, only one trunk needs to pass the 50cm test — the trunks aren’t added together.
There’s also a more tightly regulated category called a boundary canopy tree: any canopy tree sitting within 6 metres of your narrowest street frontage, or within 4.5 metres of your rear boundary. These get extra protection because they shape the streetscape.
Pro tip: Get a licensed surveyor or arborist to measure trunk position and canopy spread before you finalise any driveway, extension, or fence line. It’s far cheaper to adjust a plan early than to discover a protected tree sits in the way of your footings.
When Do You Actually Need a Permit?
This is where most confusion happens, because the rule changes depending on whether your block already has a house on it.
Vacant land: A permit is required to remove, destroy, or lop a canopy tree anywhere on the lot — even if you’re only applying for a building permit for a single new dwelling.
Land with an existing dwelling: A permit is only required for canopy trees within the boundary buffer zones — 6 metres from the front and 4.5 metres from the rear — if no development is proposed, or if you’re extending the existing home.
Land with a development application: If a planning permit application is already underway for one or more dwellings, boundary canopy trees are assessed as part of that same application.
In short: general canopy trees away from the boundary on a developed block are usually exempt if you’re not applying for a new dwelling. Boundary trees, and anything on vacant land, are far more likely to need approval.
Which Councils Does This Apply To?
Clause 52.37 applies to residential land in these zones, right across Victoria:
- Mixed Use Zone
- Township Zone
- Residential Growth Zone
- General Residential Zone
- Neighbourhood Residential Zone
- Housing Choice and Transport Zone
The Low Density Residential Zone is excluded. This means the rule applies broadly across Melbourne metro councils — including the City of Melbourne, City of Yarra, and City of Boroondara — as well as regional centres like Ballarat and Geelong, wherever these zones exist. Each council can also keep its own local tree protection law running alongside Clause 52.37, and if the local rule is stricter (say, protecting trees with a smaller trunk size), the stricter rule wins.
Trees You Can Remove Without a Permit
Not every tree removal needs paperwork. Common exemptions include:
- Dead trees — though it’s wise to photograph the tree and get a written arborist assessment confirming it’s dead before removal, in case questions come up later
- Declared noxious weeds
- Emergency situations — where a tree or limb poses an immediate risk to life or property (only the hazardous part may be removed without a permit)
- Fire protection works in line with bushfire management provisions
- Routine maintenance pruning that removes less than one-third of the foliage, without cutting into the trunk or reducing the tree below the canopy tree thresholds
If you’re removing a tree because of storm damage or a genuine safety hazard, document the situation thoroughly with photos before the crew arrives. This protects you if the council or your insurer asks questions later.
How to Apply for a Tree Removal Permit
Most single-tree removal applications qualify for VicSmart, a faster planning pathway designed for straightforward cases. Here’s what the process generally involves:
- Confirm your zone using VicPlan or your council’s property report tool.
- Measure the tree — height, trunk circumference, and canopy spread — or have an arborist do it.
- Prepare your application, typically including a site plan, photos of the tree, and a cover letter explaining the reason for removal.
- Attach an arborist report if you’re claiming the tree is unsafe, diseased, or structurally unstable.
- Lodge with your council and pay the application fee.
- Wait for a decision — VicSmart applications are generally decided within 10 business days.
If your council fails to decide within that window, you can apply to VCAT for a review, though most decisions come through before that becomes necessary. Note that as of October 2022, most councils only allow one VicSmart tree removal or lopping approval per property in any 12-month period — additional requests go through the standard (slower) planning permit process instead.
Tree Removal Permit Cost in Victoria
Permit fees vary by council and by the scope of works, but as a general guide for the 2025–2026 financial year:
- VicSmart permit fee: roughly $100–$230 for a single tree, depending on the council
- Arborist report (if required): typically $700 or more
- Standard (non-VicSmart) planning applications: can run into the thousands of dollars for larger or more complex proposals
Always check your specific council’s current fee schedule, since these are reviewed annually and vary from one municipality to the next.
Fines for Illegal Tree Removal
Removing a protected tree without a permit is not a risk worth taking. Penalties vary depending on the council and the severity of the breach, but they generally fall into two categories:
- Local council fines, which commonly range from around $2,000 to $5,000 per offence, depending on the municipality
- Penalties under the Planning and Environment Act 1987, which can run into the tens of thousands of dollars for individuals, and significantly more for corporations, particularly for repeat or serious breaches
On top of any fine, councils frequently require replacement planting — meaning you may end up paying for new canopy trees on top of the penalty itself. If you’re at all unsure whether your tree is protected, the cost of a quick council enquiry or arborist consultation is far lower than the cost of getting it wrong.
Neighbour Disputes and Insurance Claims
If a neighbour’s tree falls on your property, liability generally comes down to negligence. If they knew the tree was dead, diseased, or unstable and didn’t act, they may be liable for the damage. If the tree was healthy and came down in a genuine storm, you’re usually responsible for clearing debris on your side of the boundary.
For insurance purposes, storm-related tree removal is often covered if it damaged an insured structure like a roof, fence, or garage. If the tree simply fell without causing structural damage, it’s typically treated as a maintenance cost rather than a claimable event. Either way, contact your insurer before authorising any work, and keep photos and any arborist documentation for your records.
Common Mistakes to Avoid
- Assuming a building permit covers tree removal. It doesn’t. Planning approval for tree removal must be sorted first.
- Guessing the tree’s measurements. A tree that looks “obviously fine” to remove can still tick all three canopy tree boxes.
- Skipping the arborist report when claiming health or safety grounds, then having the application rejected for lack of evidence.
- Forgetting that local laws still apply. Passing the Clause 52.37 test doesn’t automatically mean you’re in the clear — check your council’s own tree protection local law too.
- Removing a “dead” tree without documentation, then being unable to prove it was dead if the council follows up.
Frequently Asked Questions
Do I need a permit to remove a tree from my own property in Victoria?
It depends on the tree’s size, its location on the block, and whether your land is vacant or already has a dwelling on it. If the tree meets the canopy tree definition under Clause 52.37, a permit is likely required in at least some circumstances.
What is Clause 52.37 in the Victoria planning scheme?
It’s a statewide planning provision, introduced in September 2025, requiring a permit to remove, destroy, or lop qualifying canopy trees on residential land in most zones.
Which trees are protected in Victoria?
Trees taller than 5 metres, with a trunk circumference over 0.5 metres and a canopy spread of 4 metres or more, are generally protected under Clause 52.37. Local council laws and overlays may protect additional trees beyond this.
Can I remove a dead tree without a permit in Victoria?
In most cases, yes, but you should document the tree’s condition with photos and, ideally, an arborist’s written confirmation before removal.
How much does a tree removal permit cost in Victoria?
A standard VicSmart permit fee typically sits somewhere in the $100–$230 range, though this varies by council and may not include arborist report costs.
What happens if I cut down a tree illegally in Victoria?
You may face a council fine, potential penalties under the Planning and Environment Act 1987, and a requirement to plant replacement trees at your own expense.
Does my building permit cover tree removal?
No. Tree removal requires separate planning approval, which must generally be resolved before a building permit can rely on it.
My neighbour removed a tree without a permit — what can I do?
You can report the matter to the relevant council, which can investigate and, where appropriate, issue fines or require remediation such as replacement planting.
Are trees in a bushfire zone exempt from permit requirements?
Vegetation removal for legitimate bushfire protection purposes is generally exempt, but it’s worth confirming your specific situation with your council, since bushfire provisions operate alongside — not instead of — Clause 52.37.
How long does a tree removal permit in Victoria application take?
VicSmart applications are generally decided within 10 business days. Standard (non-VicSmart) applications can take considerably longer.
Final Thoughts
Victoria’s tree removal rules have genuinely become more layered since Clause 52.37 came into force, and it’s easy to see why so many homeowners, builders, and even real estate agents are catching up on the details. The safest approach is simple: measure before you cut, check your zone, and when in doubt, get a professional opinion before the chainsaw comes out.
Not sure if your tree needs a tree removal permit in Victoria? Our team can assess your tree, handle the paperwork, and take care of the removal safely and legally — all in one job. Get a free quote from All Tree Removals today and let the experts take it from here.
