Understanding Victoria’s New Canopy Tree Law – Clause 52.37 Explained
What Is Clause 52.37?
Victoria has introduced a statewide planning law—Clause 52.37 – Canopy Trees—to help protect mature trees across residential areas.
This clause came into effect on 15 September 2025 and applies to most residential zones (except Low Density Residential Zone).
The aim is simple:
✅ Keep more trees standing
✅ Protect our green canopy
✅ Ensure new developments replant trees for the future
If you own property or plan to build, this law affects what you can and can’t do with trees on your land.
What Counts as a Canopy Tree?
Under Clause 52.37, a canopy tree is defined by three measurements.
A tree is protected if it meets all three:
Height: Over 5 metres
Trunk circumference: Over 50 cm, measured 1.4 m above ground
Canopy spread: At least 4 metres wide
If your tree fits these, it’s a canopy tree and may be protected even if it’s on private land.
When Do You Need a Permit?
You’ll likely need a planning permit to remove, lop or destroy a canopy tree if it is:
On vacant land
Within a certain distance from your front or rear boundary
Affected by a new home or extension design
A boundary canopy tree shared with a neighbour
Let’s unpack what each means below 👇
Canopy Trees on Vacant Lots
If your block of land has no existing dwelling, the rules are stricter.
Any canopy tree that meets the size thresholds is automatically protected.
You’ll need a planning permit to remove, lop or destroy the tree.
You’ll usually be required to replant new canopy trees as part of your future development.
Your design must allow space for 10–20% canopy cover depending on the lot size.
💡 Tip: Even if you’re planning to build soon, you must apply for a tree removal permit first—it’s separate from your building permit.
Boundary Trees (Existing Dwellings)
A boundary canopy tree is one located close to your property’s edges.
Under Clause 52.37, these are given extra protection because they shape the neighbourhood’s leafy character.
You’ll need a permit if your canopy tree is:
Within 6 metres of the front boundary, or
Within 4.5 metres of the rear boundary
If you already have a dwelling on your property, you can’t remove or lop a boundary tree without permission.
Even pruning for construction or extensions must comply with tree protection standards.
💬 Example:
If a mature gum sits 5 m from your back fence and you’re adding a rear deck, council will likely ask for an arborist report showing how the deck design avoids root damage.
Canopy Trees Where a Single Dwelling Is Proposed
If you plan to build a new single dwelling on your land, Clause 52.37 still applies.
You must retain canopy trees where possible, or replace them if removal is necessary.
During the permit process:
The council will assess how your design impacts existing trees.
You’ll need to show that removal is unavoidable.
A replacement planting plan will be required to restore canopy cover.
💡 Important: Even if the tree is in poor condition, your application must include a Level 5 Arborist Report confirming this.
Replanting & Canopy Cover Requirements
To maintain canopy cover across suburbs, Clause 52.37 requires all residential sites to meet minimum canopy cover targets:
Lot size | Minimum canopy at maturity
Up to 1,000m | 10% of site area
Over 1,000m. | 20% of site area
Replacement canopy trees must reach at least 6 m tall and have a 4 m wide canopy at maturity.
Your arborist can recommend suitable species that meet these standards.
How Councils Assess Tree Removal
When you apply for a permit, councils consider:
The health and stability of the tree
Whether it poses a risk or causes property damage
Whether your design could retain and protect the tree
If your proposal includes replacement canopy planting
If removal is approved, you’ll be required to plant replacement canopy trees on site (or nearby) to make up for canopy loss.
Exemptions – When a Permit Isn’t Needed
You generally don’t need a permit if:
The tree is dead or poses an immediate safety risk
You’re doing minor pruning (up to one-third of canopy volume)
The tree doesn’t meet the canopy tree size thresholds
However, always keep photo evidence and, ideally, a short arborist statement confirming the reason for removal—especially for safety concerns.
How Clause 52.37 Interacts with Local Laws
Clause 52.37 doesn’t replace your local council’s existing Tree Protection Local Laws—it sits alongside them.
That means:
If your council’s law protects smaller trees or specific species, those rules still apply.
Where both apply, the stricter rule wins.
Example: If your council requires a permit for trees over 40 cm trunk size, but Clause 52.37 applies at 50 cm, the 40 cm threshold applies.
What This Means for Homeowners and Builders
Homeowners
Always check before removing any large tree.
Use VicPlan to confirm your property zone.
Get advice from a qualified arborist before applying for removal.
Keep all reports and photos for your records.
Developers & Designers
Plan tree retention early – it affects building footprints.
Design around Tree Protection Zones (TPZs) to avoid costly redesigns.
Engage a Project Arborist to oversee construction near trees.
Vacant or Redevelopment Sites
Trees on vacant lots are often fully protected until a dwelling is approved.
You must include replacement planting in your planning application.
Our Professional Advice
Clause 52.37 makes protecting trees a core part of the planning process, not an afterthought.
To stay compliant and avoid delays:
Measure your trees (height, trunk, canopy).
Check your zone using VicPlan.
Get an arborist report if removal or pruning is needed.
Plan for replanting – councils expect canopy cover to be maintained.
Need Help Understanding Clause 52.37?
At Arboriculture Victoria, we help homeowners, builders and councils navigate the new canopy tree laws across Melbourne.
We provide:
Council Permit Applications & Advice
Replacement Planting Recommendations
👉 Book a site inspection or get expert advice today:
0437475763. arboriculturevictoria@gmail.com
