Understanding Tree Liability Laws in NSW: What Every Homeowner Should Know

Staying on the Right Side of the Law (and the Fence)

When a tree causes damage or poses a safety hazard, questions often arise about responsibility—and the answers aren’t always straightforward. Whether it’s an overhanging branch or a storm-damaged gumtree, understanding your rights and responsibilities under tree liability laws in NSW can help you avoid costly disputes with neighbours or even local councils.

At GDE Tree Services, we’ve worked with homeowners and councils across Western Sydney for over a decade. We've seen firsthand how proper tree management—and knowing the law—can make a world of difference. Let’s break it all down for you.

Tree Ownership Laws NSW: Who Owns What?

The law in NSW is fairly clear: if a tree’s trunk is entirely within your property boundary, you’re the legal owner. If the trunk straddles a boundary, both neighbours may share responsibility.

Ownership matters, especially when branches or roots cause damage or enter a neighbouring yard. That brings us to...

Overhanging Tree Branches & Tree Root Damage Liability NSW

If a branch from your tree extends into a neighbour’s property, they have the right to trim it—but only up to the boundary line, and without harming the overall health of the tree. This is where the tree trimming laws in NSW come into play.

However, if roots from your tree invade your neighbour’s land and cause damage (like uplifting a path or cracking foundations), you could be held liable under NSW tree laws 2025. A professional arborist report for legal tree removal or pruning might be necessary—especially if the tree is protected.

Who Is Responsible for a Fallen Tree in NSW?

One of the most common questions we get is: "Who pays for tree damage in NSW after a storm?"

Generally, if a healthy tree falls due to a storm and causes damage, each affected property owner handles repairs through their insurance. But if a tree was previously deemed dangerous and the owner didn’t act, that owner can be held legally responsible.

In these cases, legal responsibility for dangerous trees falls squarely on the property owner. That’s why having regular inspections and documented assessments by a certified arborist (like us at GDE Tree Services) can save you serious trouble.

Tree Disputes Between Neighbours NSW: How to Handle It Calmly

Tree disputes Western Sydney suburbs are more common than you might think—especially in areas like Penrith, Blacktown, and Parramatta. It often starts with a simple overhanging branch or falling leaves and can escalate quickly.

Your best course of action? Speak with your neighbour first. If you can’t reach an agreement, you may need to involve your local council or even the NSW Land and Environment Court.

💡 Useful resource:
The NSW Community Justice Centres offer free mediation services for neighbour tree dispute NSW matters.

Local Council Tree Regulations Western Sydney

Each local council in Western Sydney (like Cumberland, Penrith, or Blacktown) has its own set of rules regarding protected species, heritage trees, and when permits are required for removal or pruning.

Before you cut, call your local council or consult us. We can guide you through the council tree removal rules NSW and whether you’ll need an arborist report.

Some councils also have emergency tree removal legal processes if a tree poses immediate danger. In such cases, we offer 24/7 emergency tree removal Western Sydney wide.

💡 Pro Tip:
Check with the NSW Planning Portal’s Tree Preservation Orders (TPOs) to confirm whether your tree is protected.
Visit: https://www.planningportal.nsw.gov.au

Can I Cut My Neighbour’s Tree in NSW?

Short answer: Only the part that extends into your property—and only if it doesn’t damage the health of the tree. Even then, it’s wise to notify your neighbour out of courtesy (and to avoid conflict).

If you're unsure, GDE Tree Services can provide arborist legal advice Western Sydney homeowners trust—especially when the risk of liability is involved.

Insurance Coverage for Fallen Trees

It’s important to know what your home insurance covers. Most policies will include storm-damaged tree removal Western Sydney claims, but not necessarily tree root damage or preventative pruning.

If you're concerned about an ageing tree near your home, we recommend booking a tree health inspection and risk assessment. Prevention is always better than litigation.

Our Approach to Sustainable Tree Management

At GDE Tree Services, we take a balanced approach to tree care. We’re committed to sustainable practices that protect both your property and the environment. Whether it’s pruning, trimming, or full removal, we strive to keep native species healthy and reduce unnecessary felling.

Our fully qualified arborists follow best practices under Australian Standards AS4373–2007 for pruning of amenity trees and are happy to advise you on: