If a particular tree requires a council permit to begin with, you will need to get one before any trimming can happen to the tree. Trimming and pruning a tree correctly is crucial. When it becomes necessary to modify the height or spread of a tree, consult or hire a professional arborist. An arborist will determine the type of pruning that is necessary to maintain or improve the health, appearance and safety of your tree.

There is no standard answer that will fit every possible scenario, as every site and circumstance is unique. The best way forward is to always seek the help of a tree professional to help advocate and understand the situation and to suggest the best possible path forward – both from the tree’s health, sustainability and longevity perspective, but also from a neighbourhood relationship perspective.

Some trees in this scenario are protected by local councils, and some trees' form and structure grow in such a manner as to prohibit ‘pruning the tree back to the fence line’, as it may lead to a potential risk of over-pruning the tree and or detrimentally impacting the tree’s health.

Generally speaking, neighbouring tree branches can be pruned back to fence line, or just beyond, or as discussed and approved by the owner, to attempt to best meet Australian arboricultural pruning standards and practices. These branches can then be given back to your neighbour, as they belong to them.

However, the practice of pruning your neighbour’s tree branches and then throwing them back over their fence is not a practice that we recommend. We highly suggest calling us to come and help find a reasonable solution, mediating for the best scenario moving forward, which may include pruning and removing branches with both parties contributing to the cost.

If in doubt, we recommend seeking advice from a suitably qualified legal professional.

It is unlawful to prune or remove council-owned trees and formal charges can be issued if you are caught doing the wrong thing. The best option is to have the local council come and assess the tree on its merits to the streetscape, its longevity and its perceived impact to your property. The tree should hopefully either be scheduled to be pruned or removed depending on the severity of the impact or the health of the tree.

The person who owns the tree may or may not have the desire, understanding, or funds to have their tree maintained. Depending on the scope and severity of the impact that the tree is having on you or your common fence line, you may wish to have us come out and assess the tree in question, to help write a report outlining some possible best scenarios or options moving forward, as the tree could be protected by the local council.

Each local council has different ways that they protect trees and for different reasons. Some councils will protect trees using the town planning overlays, some using local laws, and others a mixture of both town planning and local laws.

Not all trees are protected. Some trees can be removed, and others pruned without the need to obtain any special planning permit or local law approval process.

In general terms, local councils understand that trees require maintenance, and they are not averse to pruning trees that are touching your dwelling, your service wires or that are obstructing access to and from your property.

We encourage people to double check tree permit requirements with their local council if they are ever in doubt. A summary of local council contacts and key information can be found here.