Trees on common property within strata developments offer many benefits. They enhance the property’s appearance, offer shade on warm days, and create a pleasant, natural feel that’s inviting for current and prospective residents.
But they do come with some additional management challenges that can catch strata committees out if they’re not aware of them.
Below is a run down of the strata committees responsibilities regarding any trees on or bordering the property, how to manage them appropriately, and stay ahead of potential issues.
Who is Responsible for Trees on Common Property in Victoria?
Common property is stated on the plan of subdivision and may include gardens, passages, walls, stairwells, pathways, driveways, and fences. The owners’ corporation (OC) is responsible for managing all of these areas, including any trees within them.
An OC is obliged to maintain common property, including gardens, and will typically engage a maintenance contractor to undertake this work.
This also means ensuring that any trees on common property don’t become hazardous, such as overgrowth brushing against windows, walls, or overhead wiring, whether on the strata property or neighbouring properties.
What are the Victorian Tree Laws Strata Committees Need to Know About?
In Victoria, there is no specific legislation governing the resolution of tree disputes. Instead, these fall under the common law of private nuisance and general property law.
This means that a tree owner doesn’t have a legal obligation to maintain their tree unless it’s causing damage or nuisance. If a tree on your common property is damaging a lot owner’s property, neighbouring property, or causing a nuisance, the OC can be held responsible.
The other important rule to be aware of is the ‘right of abatement’. This means that any person has the right to cut back branches, leaves, or roots that cross their property boundary line at their own cost.
If a tree from the common property overhangs a lot owner’s private space, they can trim it back themselves, but only to the boundary, and at their own expense. They must not cause any unnecessary damage to the tree and can face fines if they do.
What to Do Before Conducting Tree Maintenance in Victoria
In Victoria, permission in the form of a planning permit is usually required for removing trees that have a trunk diameter of more than 50cm at breast height, or mature Australian native trees, or if they are located within a heritage overlay, vegetation protection overlay, or significant landscape overlay.
An OC that removes, destroys, or lops a tree without a planning permit may be liable for a fine of up to $15,000 under the Victoria Planning Provisions, so it’s vital to check if you need one before commencing any work.
The rules can vary from council to council, so if you’re planning any significant tree work, start the process early to ensure you have everything you need covered before work begins.
How to Maintain Trees on Common Property in Victoria
Tree disputes aren’t the most common issue a strata committee will face, but they do happen. Here’s how to avoid them:
- Book regular maintenance with an arborist: An inspection every one to two years keeps you ahead of problems, documents the tree’s condition, and gives you professional backing if a dispute does arise.
- Include tree maintenance in your maintenance plan: Budget ahead for any potential tree maintenance so this doesn’t become an unexpected expense.
- Know your OHS obligations: The OC must comply with the Occupational Health and Safety Act 2004, which means managing risks and engaging qualified contractors for any work on common property. A falling branch from a poorly maintained tree can become an OHS issue, and the committee can be held accountable.
- Check council overlays before any work starts: If your development has significant established trees, find out early whether they sit under a vegetation protection or significant landscape overlay. That shapes what pruning or removal you can carry out without a permit.
Find Support With Tree Management
Tree management in Victoria is one of those areas where the law is less prescriptive than many committees expect, which puts more responsibility in the hands of the committee itself.
Getting it right means understanding your responsibilities, knowing your council’s specific rules, and taking a planned, well-documented approach to maintenance.
That’s the kind of hands-on, detail-orientated management Above OCM brings to every building we look after. Get in touch with the Above OCM team.
