Do I Need a Permit to Remove a Tree in Melbourne?

The three layers of tree rules

In Melbourne a tree can be protected in up to three ways at once. Each one is checked separately, so passing one doesn't mean you're clear of the others.

1. The statewide canopy tree rule (Clause 52.37). Introduced by Amendment VC289 on 15 September 2025 and applied to residential zones across Victoria. It mostly catches larger trees near the front and rear boundaries.
2. Planning overlays. Significant Landscape, Vegetation Protection, Environmental Significance and Heritage Overlays apply to particular areas and often protect smaller trees, or trees anywhere on the block.
3. Council local laws. Some councils protect trees through a local law instead of (or as well as) the planning scheme. Boroondara's Tree Protection Local Law protects trunks of 110 cm around or more, even if the tree is dead.

There's also a separate rule for bigger properties: on a lot over 4,000 m² (0.4 ha), removing native vegetation, including dead native vegetation, generally needs a permit under Clause 52.17.

The canopy tree rule (Clause 52.37) in plain English

A canopy tree has all three of: a height over 5 m, a trunk circumference over 0.5 m measured 1.4 m above the ground, and a canopy at least 4 m across.

A boundary canopy tree is a canopy tree with any part of its trunk within 6 m of the narrowest street frontage or 4.5 m of the rear boundary.

The clause has exemptions, including dead trees, emergency works, maintenance pruning and declared noxious or environmental weeds. But an exemption under Clause 52.37 doesn't override an overlay or a council local law, so check those too.

When Clause 52.37 is the only reason you need a permit, councils let you apply through VicSmart, the fast-track planning process.

Council-by-council guides

The details that trip people up are local: which overlays apply where, what council counts as "dead", what it charges and how long it takes. We've written full guides for the councils where we do the most work:

• Boroondara tree permit guide: Kew, Kew East, Balwyn, Hawthorn, Camberwell, Canterbury, Surrey Hills, Glen Iris, Ashburton.
• Manningham tree permit guide: Doncaster, Templestowe, Bulleen, Donvale, Warrandyte, Park Orchards.
• Whitehorse tree permit guide: Box Hill, Blackburn, Mont Albert, Nunawading, Mitcham, Vermont, Burwood.

For other councils, each of our suburb pages has a short summary of the local rules with a link to the council's own page.

How to check your own property in 10 minutes

1. Look up your address on VicPlan to see your zone and any overlays (SLO, VPO, ESO, HO).
2. Measure the trunk circumference at 1.4 m high with a tape measure. For a multi-stemmed tree, add the stems together.
3. Estimate the height and canopy width, and measure how far the trunk is from the front and rear boundaries.
4. Check your council's page. Some have tools: Boroondara's free myLot tool gives a guide to permit requirements for your lot.
5. If you're still unsure, ask council for written confirmation before you book the work.

Penalties are real. In Boroondara, removing a protected tree without a permit can bring a fine of $4,070.20 per offence under the local law, or up to $2,035 per offence under the planning scheme, plus replacement planting or prosecution.

What we do before quoting a removal

At every quote we measure the trunk, check the height and canopy, note how close it is to the boundaries and look up the overlays on your property. If a permit is needed, we tell you before you book, explain what council is likely to ask for, and schedule the work once it's approved. If pruning would solve the problem without a removal permit, we'll say so.