Overhanging/Overgrown Vegetation

Overhanging vegetation

Walking around the neighbourhood can be made difficult because of overhanging/encroaching vegetation from private property. Any vegetation that is not confined to your property's perimeter may be considered an obstruction.

Overhanging or encroaching vegetation creates a dangerous environment for all pedestrians,  particularly people who are vision-impaired, who have a disability or are in a wheelchair, or are using prams. It can also reduce the area people can safely walk on the footpath, and restrict access.  

Under Council's Local Law No.3, trees, branches or other vegetation that encroaches onto the street from a private property should provide 2.5m height clearance between the ground and the vegetation. At ground level, there should not be any vegetation that spreads onto the footpath.

Council has made a commitment to inspect local streets every year to check for overhanging or encroaching vegetation. If breaches are observed, Council Officers will leave an advisory card for the resident in the letterbox or, in more serious cases, a Notice to Comply (Notice) is issued to the resident and/or landowner.

Report Overgrown/Overhanging Vegetation

To report any overhanging and/or overgrown vegetation, please submit your request online or contact Council on 9518 3555. 

Report Overhanging Trees and Branches

Please submit your request online. You will be able to upload a photo of the tree/branch to help us respond to your request.

Overhanging Trees/Branches

Report Overgrown Nature Strips

Please submit your request online. You will be able to upload a photo of the overgrown vegetation to help us respond to your request.

Overgrown Nature Strips

Resident Responsibilities

  • Overhanging trees and branches must be cut back to the property line so there is a minimum height clearance of 2.5m between the ground and the vegetation
  • All plants protruding through or over the fence must be trimmed back to the property line
  • Any ground cover on the footpath must be cut back to the property line

Depending on the level of risk that may exist, property owners may have a 14-day period to remove overhanging or encroaching vegetation from on or over Council land or a road, including a footpath and/or nature strip, and to inform Council they have done so. 

If the property owner does not respond to an advisory card, Council will re-inspect the property. If the vegetation is still overhanging/encroaching, the property owner will receive a formal Notice directing them to remove the vegetation.

If property owners fail to act after receiving a Notice, the overhanging/encroaching vegetation may be compulsorily cleared with all costs passed onto the property owner. Fines may also be issued, including prosecution in the Magistrates’ Court, for the non-compliant vegetation and/or for failing to respond to a Notice.

It is important to understand that if a property has previously come to Council’s attention for non-compliance of this nature, and another lapse occurs, the owner is at risk of receiving a fine. Additionally, this would be followed by a formal Notice requiring compliance within 14 days, or longer as may be needed. If compliance is then not met, further enforcement action may be taken against the owner.

Overhanging branches or encroaching roots from a neighbouring property

Overhanging branches or encroaching roots from a neighbour's tree coming on to your property can cause conflict. Often residents will contact Council asking us to resolve the issue.

If you have a concern about overhanging branches or tree roots encroaching on your property, it is recommended that you initially to talk to your neighbour and try to resolve your concerns.

If your neighbour does not resolve the issue to your satisfaction, you can contact Council for advice - but be aware Council is limited in what it can do as this can often be a civil matter. For more information, see our Dispute Resolution page. 

Please note: some trees in Monash are covered by planning controls. For more information, see Vegetation Protection Overlay.

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Last updated: 17 September 2021