Victoria's New Canopy Tree Laws –
Clause 52.37

Victoria has passed new legislation, Clause 52.37, Canopy Trees, protecting significantly more trees in even more places.

What is a Canopy Tree?

Under Victoria’s new Clause 52.37, not every tree is protected — only those defined as canopy trees. But what exactly does that mean?

To be classified as a canopy tree, a tree must meet all three of the following criteria:

It must be more than 5 metres tall.
It must have a trunk circumference of more than 50 centimetres, measured at 1.4 metres above the ground (about chest height).

It must have a canopy spread of at least 4 metres wide, from one side to the other.

If a tree meets all three of these conditions, then it is legally considered a canopy tree under Clause 52.37 — and is protected. This means you will likely need a council permit to remove, lop, or significantly prune it, even if it’s on private property and not part of a building project.

Canopy Trees are further than 6m from the Front Boundary, and Further than 4m from the Rear Boundary.

What is a Boundary Canopy Tree?

A boundary canopy tree meets the same size criteria as a canopy tree — it’s over five metres tall, has a trunk circumference greater than 50 centimetres at 1.4 metres high, and a canopy spread of at least four metres.

What makes it a boundary canopy tree is where it sits on the block. If the tree is within six metres of the front boundary or within four and a half metres of the rear boundary, it falls into this category. Side boundaries are not considered when defining a boundary canopy tree.

These trees are subject to strict protections because of their visibility, impact on the streetscape, and neighbourhood character.

Does 52.37 apply Where I Live?

Unless you live in a rural area – probably.

Clause 52.37 applies to properties located in the General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone, Mixed Use Zone, Township Zone, and the new Housing Choice and Transport Zone. If your property falls under any of these, you may now need a council permit to remove, lop, or significantly prune a canopy tree — even if your site is already developed and no construction is planned.

Do I Need a Permit to Remove My Tree?

If you’re thinking about removing a tree from your property, the short answer is: yes, you might need a permit — even if you’re not building or developing.

As of 15 September 2025, Victoria’s new tree protection law, known as Clause 52.37 – Canopy Trees, applies across many residential areas. It’s now a legal requirement to obtain a council permit before removing, lopping, or heavily pruning certain trees, depending on their size and location on the site.

This law doesn’t just apply to trees being cleared for construction. It also applies to tree removal on existing, developed properties — including backyards and front gardens — where a tree meets the criteria of a canopy tree or boundary canopy tree.

The rules are strict. If your tree is large enough and located within certain distances from your boundaries, it may be protected under this clause. Working on it without a permit can result in fines, delays, and legal obligations to replant. Even routine pruning can trigger the need for a permit if it reduces the tree below the legal height or canopy width thresholds.

If you’re unsure, the safest step is to have the tree assessed before any work begins. A qualified arborist can determine whether the tree falls under Clause 52.37 and help prepare the right documentation if a permit is required.

Are there any Permit Exemptions?

Not every tree removal or pruning job will need a permit under Clause 52.37. In some situations, exemptions apply — but they are limited and must be clearly justified.

If the tree is completely dead, you do not need a permit to remove it. However, the tree must be genuinely non-viable, not just declining or in poor health. If there’s any doubt, it’s best to document its condition with photos or a professional arborist report, as council may request proof.

You are also exempt if the tree poses an immediate risk to safety. In these cases, only the part of the tree that presents the danger may be removed. Again, it’s essential to keep clear evidence of the hazard in case you’re asked to verify the work.

Maintenance pruning is allowed without a permit, as long as you are not removing more than one-third of the tree’s foliage and you are not reducing the tree below the size thresholds that define a canopy tree. You also cannot cut the main trunk or reduce the height or spread below the legal limits.

Trees that are listed as declared noxious weeds under state legislation or local planning overlays may also be exempt, but it’s important to check the exact species and whether it is officially listed. General dislike or inconvenience is not a valid exemption.

Lastly, works carried out by public authorities for fire safety, road access, or powerline clearance may be exempt from needing a permit, depending on the specific situation.

Even if you believe your situation qualifies for one of these exemptions, it is always safest to document the tree condition and seek professional advice before proceeding. Councils are increasingly strict, and failing to provide proof can still lead to enforcement action.

Do Other Council Laws Still Apply?

Yes, absolutely — and this is where things can get complicated. Clause 52.37 does not override existing planning overlays or local council tree laws. It works alongside them. That means your tree might be protected under more than one regulation at the same time.

If your property is covered by an overlay such as a Vegetation Protection Overlay (VPO), Environmental Significance Overlay (ESO), or Significant Landscape Overlay (SLO), those controls still apply in full. In many cases, Clause 52.37 adds a second layer of assessment, rather than replacing the existing requirements.

In practice, this means you may need two permits — one under Clause 52.37 and one under the relevant overlay. Or you may need to submit a single application that addresses multiple sets of rules. The most restrictive rule always applies, so even if a tree is exempt under one control, it may still require a permit under another.

Some councils also have local tree protection laws outside the planning scheme. These local laws often apply to smaller trees or different species, and they usually have their own permit triggers. If you’re in a municipality like Darebin, Boroondara, or Moreland, for example, local law permits may still apply in addition to state planning controls.

The key takeaway is this: just because a tree is exempt under Clause 52.37 does not mean you’re in the clear. You still need to check for overlays and council laws, and if any of them apply, you must comply with those as well.

If you’re unsure which rules apply to your property, we can help you assess all applicable controls and avoid any compliance issues before works begin.

How Do I Know What Zone I'm In?

Understanding what planning zone your property falls into is one of the first steps in working out whether Clause 52.37 applies to your tree. But most homeowners have no idea what zone they’re in — and that’s completely normal.

The easiest way to check your property’s zone is by using the Victorian Government’s VicPlan online tool. It’s a free map-based system where you can enter your address and view your zoning and overlays instantly. However, for many people, interpreting the results can still be confusing — especially when multiple planning controls or local laws apply at once.

If you’re unsure how to read your zone, or you want to know whether your trees are protected, Future Tree Health can take care of it for you. As part of our assessment process, we check your property’s zoning, any relevant overlays, and local tree laws that may affect your site.

We also prepare professional arborist reports that comply with Clause 52.37 and support your permit application if one is needed. Our reports are detailed, accurate, and designed to meet the requirements councils now expect under the new rules.

Whether you’re preparing for a build, planning landscaping, or just need to know if your tree can be removed, we’ll guide you through it step by step — and make sure you’re fully covered.

We Can Help Contact Us Now

If you’re unsure whether Clause 52.37 applies to your property, or if you need help navigating tree removal permits, we’re here to help.

Future Tree Health provides expert arborist assessments, detailed reports, and full support through the permit process. We’ll identify whether your tree is protected, check your zoning and overlays, and deal directly with council requirements.

Get in touch today to book an inspection or request a quote.

Phone: 0407 689 388
Email: treereports@futuretreehealth.com.au

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