It's one of the first questions we're asked on a quote, and the honest answer is: it depends on your council. Sydney is split across more than 30 local councils, and each one decides which trees on private land are protected. A tree you can remove without paperwork in one suburb may need a permit a few streets away.
Who makes the rules?
In NSW, councils control tree removal and pruning through their Development Control Plans (DCPs), made under the State Environmental Planning Policy (Biodiversity and Conservation) 2021. The DCP sets out which trees are protected and what you need to do before removing or heavily pruning one.
If the tree is part of building work, like a new extension, pool or granny flat, its removal is normally handled in your development approval. Outside development, you apply to the council for a tree permit.
Which trees are usually protected?
Every council is different, but protection is commonly based on things like:
- Size: trunk diameter, height or canopy spread above a set limit
- Species: some native or significant species are protected regardless of size
- Location: trees in heritage areas, bushland, riparian zones or on a significant tree register
Many councils also list exempt species, often weedy or invasive trees, that can be removed without approval. Check the current list on your council's website, because these lists change.
What about dead or dangerous trees?
Many councils have a faster process, or an exemption, for trees that are dead or an immediate danger to people or property. But you usually still need to notify the council, provide photos or an arborist's report, or get written confirmation first. Don't assume a tree is exempt just because it looks unhealthy.
The 10/50 rule
If your property is in a designated 10/50 vegetation clearing entitlement area, you may be able to clear trees within 10 metres of your home without council approval. Not every bushy suburb is included. Check your exact address with the NSW Rural Fire Service's 10/50 tool before relying on it.
What happens if you remove a protected tree without approval?
Councils can issue penalty notices and take court action for unauthorised tree removal, and the fines can be heavy. Some councils also require replacement planting. It's far cheaper to check first.
How to check for your property
- Find your council. Our council tree permits page links to the councils we work in most often.
- Look up the tree preservation section of the council's DCP, or search their site for "tree permit" or "tree application".
- Measure the tree (trunk diameter at chest height and rough height) and take clear photos.
- If it's borderline, ask. Councils will usually tell you, and so will we.
General information only, not legal advice. Council rules change, so always confirm with your council.
