Overhanging vegetation

Overhanging vegetation

Overhanging vegetation may be a concern to you because it:

overhangs/encroaches onto footpaths
overhanging branches or encroaching roots from a neighbouring property

Overhangs/encroaches onto footpaths

Local residents often tell Council that their walks around their neighbourhoods are made difficult due to overhanging / encroaching vegetation.

Council responds to community concerns about vegetation from homes encroaching onto footpaths creating a safety hazard.

Under Council's Local Law No.3, trees and other vegetation that encroaches onto the street from a private property must be at least 2.5 metres high. At ground level, there should not be any vegetation that spreads onto the footpath.

Council inspects local streets regularly to check for overhanging or encroaching vegetation. When overhanging or encroaching vegetation is found, Council staff leave a notice in the letterbox of the relevant property.

Property owners have an initial 14-day period to remove overhanging/encroaching vegetation and to inform Council that they have done so. When the property owner does not respond, Council will re-inspect the property.

If the vegetation is still overhanging/encroaching, the property owner will receive a formal notice giving them another 14 days to act. If property owners fail to act after the second notice, they risk being fined.

To report any overhanging vegetation or to discuss this issue, please contact Council on 9518 3555.

Overhanging branches or encroaching roots from a neighbouring property

Overhanging branches or 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, your first step should be to talk to your neighbour and see if you can resolve your concerns.

If your neighbour does not resolve the issue to your satisfaction, you can contact Council for advice. However, Council is limited in what it can do regarding issues between neighbours over trees as it is a considered a civil matter. We are happy to provide advice to you on the next steps. Please call us on 9518 3555. Dispute Settlement Centre of Victoria may be able to assist you and can also mediate between both parties. This is a free service funded by the Victorian Government.

Please note: some trees in Monash are covered by planning controls. Here is more information on our Vegetation Protection Overlay.

If you are in a VPO area - you can check whether you are on this map (pdf, 447KB) - the tree may meet the criteria for protection. If so, Council can contact your neighbour and offer our free arborist service to check on the health of the tree. This will help determine the next steps. Please call Council on 9518 3555.

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Last updated: 23 June 2019