Victoria’s New Canopy Tree Laws in 2026: What You Need to Know Before You Touch That Tree

If you’ve been thinking about removing a tree on your property, or even pruning one that’s creeping over your roofline, now is the time to slow down and get informed.

Victoria’s tree laws have changed. Under new planning controls introduced across the state, a growing number of canopy trees on private land are now protected. That means you could need a permit to do work you were once free to do without council involvement.

These aren’t minor policy changes. This is a complete shift in how Victoria manages its urban canopy. Whether you’re a homeowner, developer, or builder, this guide will walk you through exactly what has changed, what counts as a canopy tree, and what you need to do before cutting, digging, or planting.

What Are the New Tree Rules?

Victoria has introduced Clause 52.37 Canopy Tree Protection as part of the statewide planning amendment VC250. This clause is now progressively being adopted by councils across Victoria and is designed to slow the loss of mature trees on private land.

Previously, unless your property was in a specific vegetation overlay, there were no permit requirements to remove a tree. Now, many of those same properties are covered by Clause 52.37. It is one of the first planning tools in Victoria to create a baseline rule for tree protection across council boundaries.

It means even if your property has no overlays, you may still need a permit to remove, lop, or impact a tree that meets the definition of a canopy tree.

What Counts as a Canopy Tree?

Clause 52.37 defines a canopy tree as any tree that is:

• 8 metres or taller, or
• 40 centimetres in trunk diameter, measured 1.4 metres above ground (known as DBH)

That includes many trees in suburban gardens. Eucalypts, spotted gums, London planes, elms, oaks, ornamental pears, angophoras, and mature pittosporums all regularly meet this threshold.

Some councils are already expanding on this baseline by introducing species-specific definitions. For example, trees that don’t grow taller than 10 metres at maturity may be protected at lower height thresholds.

In short, don’t assume your tree is exempt based on size alone. Measuring height and trunk diameter should always be your first step.

When Do You Need a Permit?

A permit is generally required if you plan to:

• Remove a canopy tree.
• Lop, destroy, or prune the tree outside standard pruning practices (such as thinning or crown reduction that goes beyond AS 4373)
• Build or excavate within the Structural Root Zone (SRZ)
• Alter the land in ways that could damage the tree, such as installing paving, cutting trenches, changing levels, or adding footings near the roots.

These permit triggers apply even on land that has no overlays and is not part of a heritage area or vegetation protection zone.

The only way to be sure is to check with your local council or engage a qualified arborist to assess your tree and the layout of your property.

What Is the Structural Root Zone?

The Structural Root Zone, or SRZ, is the core area around the base of a tree where its major roots provide structural support. Works inside the SRZ, such as excavation, trenching, or paving, can damage these roots and cause the tree to fail.

The SRZ is calculated based on tree size and species. It differs from the broader Tree Protection Zone (TPZ), which is the area required to protect the tree’s overall health.

Councils now treat works within the SRZ as serious impacts. Even small-scale digging for services or fencing can require a permit if it falls inside the SRZ.

Are There Any Exceptions?

There are a few exemptions, but they are limited and usually require evidence. You may not need a permit if:

• The tree is dead, and you can provide clear photo evidence or an arborist report
• The tree poses an immediate hazard, confirmed by a qualified arborist
• You are in a Bushfire Management Overlay (BMO), and your work meets specific vegetation exemptions
• Your land is zoned for agriculture or farming, and the work falls within accepted rural practices

It’s important to note that even in exempt situations, councils may ask for verification. If you remove a tree without documentation, you may still face penalties.

What About Pruning?

Routine maintenance pruning that complies with AS 4373 is generally allowed. This includes tasks like:

• Removing deadwood
• Weight reduction of branches
• Clearance pruning away from buildings or wires, when done correctly

However, lopping, topping, or excessive reduction beyond the standard may require a permit. If you are unsure whether your pruning work falls within the limits, get advice from a consulting arborist before cutting.

What Happens if You Ignore the Rules?

In 2026, councils are enforcing these laws with more consistency and focus. Unauthorised tree removal or damage can result in:

• Fines ranging from several thousand dollars to over $30,000
• Orders to plant replacement trees or restore vegetation
• Delays to planning approvals for related development work

In some councils, you may be reported by neighbours or flagged through satellite canopy monitoring. This isn’t a rule to test by chance. It’s far easier and more cost-effective to check permit requirements before doing any work.

What Is the Replacement Planting Requirement?

If you are granted a permit to remove a canopy tree, you will usually be required to plant one or more new canopy-forming species on the same lot.

Most councils require that:

• The new tree is planted in a suitable location for canopy growth
• The species selected will reach a comparable size to the one removed
• The tree is maintained for a minimum establishment period, usually two years
• A landscape plan may be required for multi-dwelling sites

Some councils may also specify native species or select from a list of climate-resilient trees suited to your suburb.

Failure to replant or establish the replacement tree may result in further enforcement action.

Why the Change?

Canopy loss across private property has become one of the biggest drivers of urban heat, stormwater runoff, and ecological degradation. Studies show that private land accounts for over 70 per cent of canopy loss in some council areas.

This is often caused by:

• Knockdown rebuilds
• Dual-occupancy and townhouse developments
• Tree removal before property sale
• Hardscaping of backyards and gardens
• Poor pruning or tree damage during renovations

Clause 52.37 is designed to prevent further loss and support urban forest targets across Victoria. It is also a critical step in long-term heat mitigation as climate patterns shift.

How This Affects Homeowners in 2026

For property owners, these changes bring new responsibilities. Even if your block has never had vegetation controls, you may now need to:

1. Check planning controls using VicPlan or your council’s website
2. Measure your tree’s height and trunk diameter to determine if it meets canopy criteria
3. Engage a qualified consulting arborist for advice or documentation
4. Apply for a permit before removing or pruning
5. Plan for replacement planting as a condition of approval
6. Avoid fines or stop work orders by following the correct process

This also applies if you’re planning renovations, digging trenches, building decks, or laying new driveways near established trees.

How This Affects Builders and Developers

For builders, designers, and developers, Clause 52.37 brings added planning complexity. You’ll now need to:

• Conduct an arboricultural assessment early in the planning process
• Map TPZ and SRZ areas for all canopy trees on site
• Design around existing trees to minimise encroachment
• Follow AS 4970: Protection of trees on development sites
• Include replanting or offset planting in landscape plans
• Expect additional permit conditions tied to tree protection

If trees are removed without approval or root zones are damaged during works, you may face planning delays or enforcement penalties.

Many councils now reject permit applications that do not adequately address tree protection in early design stages.

Which Councils Are Enforcing This?

As of 2026, most metropolitan councils in Victoria have adopted Clause 52.37, including:

• Banyule
• Darebin
• Whitehorse
• Boroondara
• Manningham
• Moreland
• Glen Eira
• Kingston
• Hobsons Bay
• Maribyrnong
• Greater Dandenong
• Frankston
• Wyndham
• Brimbank

Regional and growth area councils are following in stages, so it is important to check with your local authority for the most up-to-date adoption details.

Checklist Before Removing a Tree

Here’s a practical checklist for 2026:

• Confirm if your tree is 8 metres tall or 40 cm DBH
• Check VicPlan or your council’s planning map
• Engage a qualified consulting arborist
• Take photo evidence if the tree is dead or hazardous
• Submit a permit application before starting any work.
• Plan and budget for replacement planting
• Keep documentation for your records

Where This Is All Heading

Over the next few years, we can expect further changes, including:

• More detailed species-specific canopy protection
• Increased monitoring through satellite and drone canopy mapping
• Stronger compliance actions for unauthorised removals
• Broader integration of urban forest targets in local planning
• New technologies for root mapping and real-time soil compaction tracking on construction sites

Tree protection is becoming a key part of both environmental policy and local planning systems across Victoria.

Final Thoughts

If you have a large tree on your block, it is no longer a matter of preference whether you keep it or remove it. The new rules give mature canopy trees the same level of protection as many other built features in your neighbourhood.

Removing or pruning a tree without checking the rules can lead to delays, fines, and loss of permit eligibility. More importantly, it contributes to the long-term decline of urban shade and biodiversity.

Your best approach is to get good advice early. If you’re unsure whether a tree is protected, or whether your renovation plans will trigger the new rules, speak to a qualified arborist who understands the 2026 framework.

The laws have changed, but the goal is simple: protect the trees that keep our suburbs livable. And that’s something worth getting right.