What to Do When a Protected Tree Causes Property Damage
A protected tree can damage paving, drains, fences or buildings, but property damage does not automatically authorise its removal. In Sydney, the correct response depends on the tree’s location, the relevant council’s controls and whether there is an immediate safety risk. Document the damage, make the area safe and confirm approval requirements before pruning branches or cutting roots.
Make the Area Safe First
Keep people away from hanging branches, unstable trees and damaged structures. If a tree contacts powerlines, stay clear and contact the electricity network operator. Call 000 if there is an immediate threat to life. For emergency assistance with storm damage, contact the NSW SES on 132 500.
Emergency tree-work exemptions vary between councils and can have strict evidence requirements. Where circumstances allow, photograph the hazard and contact council before work begins. If urgent work is necessary, retain an arborist’s written assessment and records explaining why the work could not wait. Do not assume an emergency permits removal of the entire tree.
Check Whether the Tree Is Protected
Sydney councils apply different tree-preservation controls, including criteria relating to height, trunk size, species and heritage significance. Protection can also apply through development consent conditions or other environmental legislation.
Contact your local council’s tree management team with the property address, photographs and details of the damage. Ask whether pruning, root work or removal requires a permit, development consent or another approval. A tree on council land must be referred to council rather than treated as a privately owned tree.
Gather Evidence of the Damage and Its Cause
Visible damage near a tree does not necessarily establish that the tree caused it. Soil movement, leaking pipes and building defects can produce similar symptoms. Useful evidence includes:
- Dated photographs showing the damage, tree location and changes over time.
- An assessment from a suitably qualified consulting arborist, commonly holding an AQF Level 5 qualification in arboriculture.
- A structural engineer’s report for suspected foundation or building movement.
- A licensed plumber’s CCTV drain inspection where roots are affecting underground pipes.
- Repair quotations and copies of communications with the tree owner, council and insurer.
For suspected subsidence, an engineer may recommend geotechnical investigation before drawing conclusions about the tree’s contribution.
Consider Solutions Other Than Removal
Depending on the damage, practical https://sydneytreeremovalpros.com.au/tree-pruning/ options may include repairing defective drains, relining pipes, modifying paving or undertaking approved pruning. Root barriers can sometimes help, but their installation requires careful assessment because excavation and root cutting may destabilise the tree.
Do not cut significant roots or prune a protected tree without checking the applicable rules. Even branches or roots extending across a boundary may remain subject to tree-protection controls. Unauthorised work can expose the person arranging it to enforcement action.
If the Tree Belongs to a Neighbour
Write to your neighbour with photographs and relevant professional findings. Explain the damage and propose a practical next step, such as a joint inspection. Keep the discussion factual: tree ownership alone does not automatically establish liability for every instance of damage.
If agreement is not possible, the NSW Land and Environment Court may be able to make orders under the Trees (Disputes Between Neighbours) Act 2006 for qualifying disputes involving trees on adjoining privately owned land. Eligibility and evidence requirements apply, and the legislation generally does not cover council-owned trees. Obtain legal advice before commencing proceedings.
Notify Your Insurer and Arrange Approved Work
Contact your insurer promptly and ask what evidence and repair authorisations it requires. Cover depends on your policy and the circumstances; gradual root damage and maintenance-related issues may be treated differently from sudden storm damage.
Once approvals are confirmed, engage an appropriately qualified and insured Sydney arborist. Provide the contractor with the approval conditions and agree on the precise scope of work. Keeping reports, permits, photographs and invoices helps support insurance claims and demonstrates that the tree has been managed lawfully.
Sydney Tree Removal Pros
Unit 4/2 Railway Parade, Lidcombe NSW 2141
(02) 5562 0319