If you’re planning to remove, destroy or lop a tree on your property as of September 15 2025, this is a big change you need to know about. A new statewide planning provision (Clause 52.37) has officially come into effect introducing new rules for tree removal and canopy cover on residential land across Victoria. In other words, tree protection laws just got tougher. Many property owners will now need a planning permit to remove, lop ‘canopy trees’. Even if they are on your land. So what does that mean for you? Let’s break down what Clause 52.37 actually covers , who it applies to , and how to stay compliant without getting buried in paperwork. Where Clause 52.37 Applies The new rules apply to residential land within the following planning zones: Mixed Use Zone (MUZ) Township Zone (TZ) Residential Growth Zone (RGZ) General Residential Zone (GRZ) Neighbourhood Residential Zone (NRZ) Housing Choice and Transport Zone (HCTZ) If your property sits in one of these zones and you plan to remove or significantly prune a tree, the new permit requirements likely apply. What Counts as a “Canopy Tree”? This is where the details matter. Under Clause 52.37, a “Canopy Tree” is defined as a tree that meets all three of these triggers: Height greater than 5 metres A single trunk circumference greater than 0.5 metres, measured 1.4 metres above ground level Canopy diameter of at least 4 metres Things to consider For a tree to be considered a canopy tree, it must tick all three of the above boxes. For example, if a tree is greater than 5m in height, has a canopy diameter of greater than 4m but does not have a single trunk circumference greater than 0.5m. It will not be considered a canopy tree, and will not need a permit to remove, destroy or lop. Another important note is that a canopy tree needs to be ‘greater’ than the above dimensions. Meaning if a tree is 5m in height exactly it will not need a permit. It needs to be 5.1m in height to tick that box. When You Need a Permit (and When You Don’t) Clause 52.37 sets clear rules for when a planning permit is required to remove, lop, or destroy a tree. If the site is vacant without a dwelling, you will need a permit to remove destroy or lop a tree that ticks the above 3 boxes anywhere within the site. If the site has an existing residential dwelling situated on it, you will need a permit to remove, destroy or lop a tree that ticks the above 3 boxes within the front 6m and the rear 4.5m (see below images).

Not sure if your tree needs to go? Catch the warning signs early and avoid costly damage or fines with expert advice and council-ready reports from TMC Reports.

Need to remove a tree? TMC Reports explains when council approval is required and how arborist reports help you avoid fines, delays, or rejected permits.