Trees on private property

Sometimes, trees can cause issues between neighbours.

If you have an issue relating to trees on private property, this is considered a civil matter between you and your neighbours which generally does not involve the City of Belmont. Native vegetation and trees within the Swan and Canning Rivers Development Control Area, which could be growing on private property, may be protected under State or Federal Government legislation. 

The City offers these guidelines to help avoid or resolve any issues you might face with trees on private property.

Issues with neighbouring trees

Where tree roots or overhanging branches between two or more private properties has caused an issue, the City recommends that you work to resolve this issue with your neighbours first, before taking any other action. 

How you handle the issue will depend on a range of factors, including the nature or severity of the issue and your relationship with your neighbour who owns or occupies the property. The best place to start is usually with a friendly discussion to let them know about the problem caused by the tree and your thoughts on how it could be solved. Please remember that you could be held accountable for damage caused to the tree through root removal or pruning.

Here are some points to consider if you need help to resolve an issue: 
 
  • Legal Aid and the Citizens Advice Bureau websites offer tips on how to handle disputes about overhanging branches and intruding roots;
  • If you need a professional arboricultural assessment and report, the City recommends that you engage the services of a qualified arboricultural consultant who can identify measures to mediate or mitigate  the problem; 
  • If you need professional tree services, such as pruning or removal, the City recommends that you engage the services of a reputable contractor who can present arboricultural qualifications;. 
If the issue is related to a City tree, please note that residents are not allowed to prune a tree adjacent to their property on land which is owned or managed by City. Learn more about requests for a City tree to be pruned.

Dangerous trees on private property

If you have a concern relating to the safety of a tree (or trees) on private property, please report the tree. In the interest of public safety and in accordance with the Local Government Act 1995, the City of Belmont will, where notified by residents, play an active role in the management of potentially dangerous trees on private property. 

The City’s arboriculturalist will conduct a visual inspection of the tree as soon as possible once the tree has been reported. Based on that inspection:
 
  • If the tree is found to pose a high risk of significant harm, immediate action is needed. In accordance with Section 3.27 (1) Schedule 3.2 (7) of the Local Government Act, the City could take action to reduce the risk of harm from the tree, with or without consent from the owner or occupier of the land;
  • If the tree is considered potentially dangerous but not a ‘serious and immediate danger’, the City will act in accordance with Section 3.25 (1) Schedule 3.1(8) & (9) of the Local Government Act. The owner or occupier will receive a notice asking for them to remove all or part of the tree so it poses a low risk of harm;
  • If the tree is found to pose a low risk of harm, you and the property owner will be notified and no further action will be taken. 
Report a problem with a tree

Trees for Residents

The City’s Trees for Residents program is designed to assist our residents to increase canopy cover on their own properties. City of Belmont residents can request a maximum of one tree for their property.  The tree must be planted inside your property, and not on the council verge. 

Trees for Residents 2022 has generated outstanding interest from Belmont residents – so much that the City will be running a second round!. If you would like to request a tree as part of the second round, please register your interest no later than 5pm on Friday 15th July 2022. Requests must be made by email to environment@belmont.wa.gov.au and include your name, contact number, property address and preferred species. Currently available species are listed below*.

Trees for Resident Updated List

*PLEASE NOTE: This list has been provided based on stock availability at time of writing, and is subject to change.  Stocks are limited and it is recommended to place your request for your preferred species as soon as possible.

Trees for Residents 2022 - Frequently Asked Questions

  • Who is eligible to receive a tree?
    • City of Belmont residents who have not yet received a tree from the Trees for Residents 2022 program.
  • How large will the trees be? 
    • Trees will be in approximately 5L pots and are up to around 1m in height to allow for them to fit comfortably in any vehicle.
  • Can I request a tree species that is not on the list?
    • No. The list provided is based on suitable stock available through our suppliers at time of writing.
  • Can I plant this tree on my verge?
    • No. The trees provided from this program must be planted inside your property. If you would like to request a verge tree please visit this page to find out how.
  • When can I get my tree?
    • Round two trees are expected to be available for pickup by the end of July 2022. Residents will be informed of the date and time roughly two weeks prior. Please ensure you check your spam folder to not miss the update.
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