Victoria · Clause 52.37 · Researched and reviewed 14 July 2026

Do I need a permit to remove or prune this tree?

Answer the same questions the rule turns on: whose tree it is, the property, all three tree measurements, where the trunk stands, the work proposed and every other control.

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The plain-English answer

When is a permit likely?

Clause 52.37 generally requires a planning permit to remove, destroy or lop a tree when the property is in one of six listed zones, the tree meets all three legal measurements, the tree falls within the regulated part of the lot, and no exact exemption applies.

A “no” under Clause 52.37 is not permission to cut: planning overlays, native vegetation, bushfire and council requirements can still apply.

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Whose tree?

Where is the trunk rooted?

The trunk location—not where branches hang—determines ownership and the correct process.

Your propertyTree is rooted inside your title boundary
Street or council landCouncil manages the tree
Neighbour's propertyThe owner controls the tree
Source-checked rule summary

How Clause 52.37 applies to the property

The operative permit rule is at Clause 52.37-2. These scenarios are intentionally separated because combining them produces misleading answers.

Property situationWhat Clause 52.37 regulatesImportant qualification
Existing dwelling on the siteA boundary canopy treeAny part of the trunk is within 6 m of the narrowest street frontage or 4.5 m of the rear boundary.
Vacant land; no dwelling application under Clauses 54, 55, 57 or 58A canopy tree anywhere on the lotThis includes a new single dwelling proceeding with only a building permit.
Vacant land with a dwelling application being assessedA boundary canopy tree remains separately regulatedA non-boundary tree is excluded only when identified for assessment in that application and retained until the permit issues.
A zone other than MUZ, TZ, RGZ, GRZ, NRZ or HCTZClause 52.37 does not applyOther planning controls and council requirements can still apply.

Source: Clause 52.37-1 and 52.37-2 .

Exact definition

A canopy tree must pass all three tests

Height

More than 5 metres

Exactly 5 m does not pass because the clause says “more than”.

Trunk

More than 50 cm circumference

Measure around the trunk at 1.4 m above ground. Exactly 50 cm does not pass.

Canopy

At least 4 metres diameter

Exactly 4 m does pass because the clause says “at least”.

Source: Clause 52.37-1. Where a multi-stem method is disputed, the clause does not provide a special calculation—obtain council or professional confirmation.

Clause 52.37-8

The homeowner exemptions most likely to matter

Dead tree

The tree must be dead. Declining, dying or partly dead is not the wording of the exemption.

Immediate risk

The tree must present an immediate risk of personal injury or property damage, and only the part presenting that risk is exempt.

Maintenance pruning

Maintenance only; no more than one third of foliage; no trunk pruning or lopping; height remains at least 5 m and canopy remains at least 4 m.

The table also contains specialist exemptions for specified fire protection, notices, declared weeds, public works and other activities. The current table includes the later Amendment VC301 correction for transport-system works. Do not apply a specialist exemption without satisfying its exact conditions.

If a permit is likely

What the application actually involves

Required evidence

Clause 52.37-6 calls for site/tree information, the reason for the work, development plans where relevant, and a suitably qualified assessment when health or stability is relied on.

VicSmart eligibility

The 10-business-day pathway applies only if Clause 71.06 is satisfied. Another non-VicSmart permit trigger can change the process.

Canopy outcome

Replacement is not automatically one-for-one. Retained and new trees may both count toward the minimum site outcome in Clause 52.37-3.

Current official VicSmart fees

For 2026–27, the state fee table lists $233.10 for class 10 VicSmart applications and $500.80 for class 8 applications where estimated development cost is more than $10,000. Council must confirm the correct fee class for the actual application; combined triggers can change it.

Check the official fee table
Plain-English questions

Clause 52.37 answers for homeowners

A permit is generally required to remove, destroy or lop a canopy tree in one of six listed zones unless a specific exclusion or exemption applies. A canopy tree must meet all three measurements. On land with an existing dwelling, the separate Clause 52.37 requirement applies to boundary canopy trees; on vacant land without a dwelling planning application, it can apply anywhere on the lot. Other controls must always be checked.

Use the free Victorian Government Planning Property Report. Search the address, select the property and download the report. It lists the zone and every mapped overlay. Clause 52.37 only applies in MUZ, TZ, RGZ, GRZ, NRZ and HCTZ, but an overlay can regulate a tree in any zone.

All three tests must be satisfied: height more than 5 metres; trunk circumference more than 0.5 metres measured 1.4 metres above ground; and canopy diameter at least 4 metres. A tree that fails any one test is not a canopy tree under Clause 52.37, although another control may still protect it.

Clause 52.37 states a trunk-circumference test but does not set out a special multi-stem calculation. Do not invent a method where the result is close. Photograph the stems at 1.4 metres and obtain the council's written view or a suitably qualified arborist assessment.

Only if it is a boundary canopy tree: a qualifying canopy tree with any part of its trunk within 6 metres of the narrowest street frontage or 4.5 metres of the rear boundary. A non-boundary canopy tree on a site developed with an existing dwelling is expressly excluded from the Clause 52.37 permit requirement. Overlays and council requirements can still apply.

A boundary canopy tree remains subject to the separate Clause 52.37 test. A non-boundary canopy tree is excluded from a separate Clause 52.37 permit only if it is identified for assessment in an application under Clause 54, 55, 57 or 58 and is not removed, destroyed or lopped until the permit is issued.

The maintenance exemption applies only where the work is for maintenance, removes no more than one third of the foliage, does not prune or lop the trunk, and does not reduce the tree below 5 metres high or a 4 metre canopy diameter. Other controls can have different pruning rules.

A canopy tree that is dead is exempt under Clause 52.37. A tree presenting an immediate risk of personal injury or property damage may also be exempt, but only the part presenting the immediate risk may be removed, destroyed or lopped. 'Immediate risk' is narrower than a general concern that a tree may be unsafe. Preserve photographs and obtain an arborist assessment where practicable.

Clause 52.37 identifies its applications as VicSmart subject to Clause 71.06. VicSmart applies only where every permit trigger is itself a VicSmart provision, no authorised work would breach a registered restrictive covenant, and any referral requirements are satisfied. A non-VicSmart overlay trigger can take the combined application outside VicSmart. Ten business days is the prescribed assessment period for an eligible complete application, not guaranteed approval.

The official 2026–27 fee table lists $233.10 for a class 10 VicSmart application and $500.80 for a class 8 VicSmart application where estimated development cost exceeds $10,000. The correct class can change with the proposal or combined permit triggers, so confirm the fee with council before lodging. Arborist and plan-preparation costs are separate.

Clause 52.37 applications are exempt from specified notice requirements and third-party review rights under section 82(1). Under the VicSmart process, applicants retain review rights for matters including refusal, conditions and failure to decide within the prescribed time. This is why saying 'there are no VCAT rights' is inaccurate.

No. The Victorian Government guidance says Clause 52.37 does not override other planning provisions such as overlays and bushfire requirements. It may displace a local-law requirement only where the local law duplicates the same considerations; local requirements can continue for matters beyond the clause's scope.
Research basis and change control

Primary sources used for this checker

The decision logic was derived from the operative clause first. Government guidance was used for explanation, and the current fee/process pages were used only for their respective topics. Where the clause does not state a method—such as multi-stem measurement—the page says so instead of inventing one.

  1. 1.Current Clause 52.37 — permit rule, definitions, canopy outcome, application requirements, decision guidelines, exemptions and transitional provisions
  2. 2.Victorian Government canopy-tree guide — scenarios, relationship with overlays and local laws
  3. 3.VicSmart guide and Clause 71.06 — eligibility, information, ten-day process and review rights
  4. 4.Planning Property Report — official address-based zone and overlay lookup
  5. 5.Official 2026–27 planning fee table
Version note: Clause 52.37 commenced 15 September 2025. The exemption table was later corrected by Amendment VC301. This page was checked on 14 July 2026. Review after any planning-scheme amendment or at least quarterly.

General information only, not planning or legal advice. The responsible authority for a property is the relevant council.

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