Do You Need Council Approval to Cut Down a Tree in NSW
A guide to NSW council rules, exemptions, and when approval is required

A guide for Sydney homeowners and property owners
If you’re thinking about removing a tree on your property in Sydney, it’s essential to understand whether you need council approval first. In most cases across New South Wales (NSW), tree removal is regulated and may require consent from your local council — especially if the tree is considered significant or protected. Here’s what you need to know before grabbing the chainsaw.
When Council Approval Is Required
In NSW, many local councils have Tree Preservation Orders (TPOs) in place that protect trees based on size, species, location, or environmental value. These rules are usually outlined in the council’s Development Control Plan (DCP) or Local Environmental Plan (LEP).
You’ll likely need approval to cut down a tree if:
- It’s a native species or part of a protected vegetation area
- It’s located within a Heritage Conservation Area
- It’s over a certain height or trunk diameter (e.g. over 5m tall or 300mm wide at chest height)
- It contributes significantly to the local streetscape or ecosystem
- You are proposing the removal as part of a development application
You can check your local rules by contacting your council directly or by visiting NSW Planning Portal.
When Council Approval May Not Be Required
There are several exemptions where you can remove a tree without approval:
1. Dead, Dying, or Dangerous Trees
Trees that pose an immediate safety risk or are clearly dead may be exempt from approval. It’s strongly recommended that you have the condition documented by a qualified arborist. For urgent situations, our emergency tree removal Sydney service provides rapid response to storm-damaged or hazardous trees.
2. 10/50 Vegetation Clearing Rule (Bushfire Prone Areas)
If your property is in a designated bushfire-prone zone, the NSW Government’s 10/50 Vegetation Clearing Scheme may apply. This allows residents to remove trees within 10 metres of a dwelling without council approval under certain conditions. Always check the eligibility map and rules at NSW Rural Fire Service.
3. Small or Exempt Species
Some councils allow the removal of smaller trees (usually under 3–5 metres tall or 300mm in diameter) or certain species that are not considered significant or invasive. Fruit trees and some ornamental trees may also fall under exemptions.
Consequences of Removing a Tree Without Approval
Removing a protected tree without consent can lead to:
- Significant fines (often thousands of dollars)
- Legal action or enforcement orders
- Potential replanting requirements or stop-work notices
If you're unsure, it's always best to consult a qualified Sydney arborist and check directly with your local council.
In Summary
- In most cases, yes, you do need council approval to cut down a tree in NSW.
- Exemptions apply for dangerous, dead, or small trees, and in bushfire-prone areas under the 10/50 rule.
- Always check your local council’s rules and work with a qualified arborist to avoid legal or safety issues.
- Treepeeps Sydney can assess your tree, help you with council compliance, and carry out removal work to the highest safety standards.
Treepeeps Sydney are certified arborists providing expert tree removal, pruning, and arborist reports across Greater Sydney. Contact the team on (02) 8072 8588 or email admin@treepeepsnsw.com.au to request a free written quote.