City of South Perth - Neighbouring Private Tree Issue

Neighbouring Private Tree Issue

Information relating to tree issues from private properties.

Last updated on: 03 September 2025

In this article

Tree safety and damage caused by a private property tree
Pruning/removing trees on private property
Damage caused by a neighbouring tree
Anonymous requests
Raise a Request

Tree safety and damage caused by a private property tree

If you think your neighbour's tree is a danger to people or property you should:

Speak with your neighbour about your concerns and attempt to reach an amicable solution.
Write to the owner requesting works to be undertaken on their tree and keep a copy of the letter.
Obtain an arboricultural report from a registered and qualified arborist consultant (not a tree lopping/pruning service) and give it to the owner with a request to carry out required works.

Property owner

If your neighbour is not the owner of the property (eg renting), ask your neighbour for the managing/renting agency contact details and send a letter to the agency.

Pruning/removing trees on private property

The City's Local Planning Policy 3.2 - Tree Retention (LPP) applies to all land within the City of South Perth which is zoned under Local Planning Scheme No. 7. This includes all private properties in the City.

Trees which meet the definition of a Regulated Tree in the City's LPP require development approval for any tree-damaging activities which includes the pruning or removal of a Regulated tree unless the works meet the definition of maintenance pruning.

What is considered maintenance pruning?

Maintenance pruning includes:

removing dead or diseased wood only or
is the first pruning of the tree in the calendar year and affects less than 10% of the canopy, not altering the overall shape of the canopy or
is of a fruit tree and done for fruit production or
does not include removing limbs with a diameter of 100mm or more or
is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree and
is undertaken in accordance with the standard for Pruning Amenity Trees Australian Standard 4373-2007 - Pruning of Amenity Trees.

FAQs

Which trees are affected by the Policy

What is a Regulated Tree?

What is tree-damaging activity?

Where does the LPP apply?

How was the criteria for a Regulated Tree determined?

Is development approval required for pruning of a Regulated Tree?

Development approval is required for pruning of a Regulated Tree unless the works meet the definition of maintenance pruning which includes:

removing dead or diseased wood only or
is the first pruning of the tree in the calendar year and affects less than 10% of the canopy, not altering the overall shape of the canopy or
is a fruit tree and done for fruit production or
does not include removing limbs with a diameter of 100mm or more or
is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree and
is undertaken in accordance with the standard for Pruning Amenity Trees Australian Standard 4373-2007 - Pruning of Amenity Trees.

What if my neighbour’s tree is encroaching/overhanging on my land?

Pruning of a Regulated Tree is different to pruning other trees:

General pruning advice

If a branch or root of a neighbour's tree encroaches onto your property, you are entitled to cut or remove it up to the boundary of your land. You must not cut the branch or root on your neighbour's side of the boundary without their permission.

It is best to discuss any pruning with your neighbour, especially if you are cutting any roots, as this may weaken the tree. If in doubt, please engage the services of a reputable consulting arborist.

Any root, branch, flower or fruit on a branch that is removed remains the property of the tree's owner.

Pruning of a Regulated Tree

Where a Regulated Tree is located on your neighbour's property and is encroaching/overhanging onto your land, development approval is required to prune the portion of the tree on your land, unless the works are maintenance pruning as defined by the LPP.

If you need to prune a Regulated Tree on your neighbour's property, the City recommends you liaise with your neighbour and discuss whether a development application is required to ensure compliance with the LPP.

The person undertaking the pruning would be required to submit a Development Application if the tree is a Regulated Tree as per information above.

How do I apply for development approval to remove a tree covered by the LPP?

An application for development approval is required to be lodged to the City with:

A completed development application form.
A scaled site plan showing the location of the tree on the site.
Necessary supporting information (cover letter, arborist report and/or structural engineering report at the applicant's cost etc.)

To submit an application, refer to our Development Application lodgement page for more information.

How are applications assessed?

Development applications for Regulated Tree removal are assessed against the LPP. The LPP outlines that there is to be a presumption against tree removal unless either of the following is demonstrated by the applicant, to the satisfaction of the City:

An arborist report and/or Structural Engineering Report demonstrates that the tree should be removed due to its health, structural stability or risk to life or property.
Redesign of the development to support tree retention is not feasible.

How much is the application fee?

What happens if an application for removal is not supported?

What happens if I remove a Regulated Tree without approval?

A person must not commence or carry out development to which development approval is required unless approval has been obtained. Failure to obtain development approval constitutes an offence under the Planning and Development Act 2005.

The maximum penalties for breaching an offence provision under the Planning and Development Act 2005 are significant and are currently $200,000 in the case of a natural person and $1,000,000 in the case of a body corporate, with the potential for additional daily penalties in the case of ongoing non-compliance.

Damage caused by a neighbouring tree

The City does not get involved with damage caused by neighbouring trees as it is a civil matter between yourself and the owner of the neighbouring property.

If you cannot reach an agreement, it may be necessary to issue legal proceedings. You may also wish to contact Legal Aid WA and the Citizens Advice Bureau to seek advice on resolving the dispute.

The court may order the tree's owner to have the encroaching branches or roots removed. If the property owner does not take action after the court ruling, you may report the issue to the City. The City can contact your neighbour to ensure the court action is taken, however you must be able to provide proof of the court action to the City.

Anonymous requests

Your contact details are required when lodging this request.

Raise a Request

To report an issue with a neighbouring private tree, raise a request below.
Ensure you have attached the aboricultural report as well as the court ruling to your request (required).
An officer will investigate within the next 10 business days.

Report a Neighbouring Private Tree Issue

To query LPP requirements for tree pruning/removal of a private tree, raise a request below.
An officer will respond within the next 10 business days.

Private Tree Pruning/Removal Enquiry

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