Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways and vehicles. However, Council’s ownership of the tree does not create an automatic liability in the event of a tree causing damage. There must be some demonstrated act or omission of negligence by Council.
When making a claim, you will need to provide evidence of damage to your property which may include:
Evidence must be provided to Council for consideration before undertaking any repair work. Please note that under no circumstances are Council trees are to be pruned or removed by residents.
General maintenance and replacement of sewer and stormwater lines due to ‘wear and tear’ are the responsibility of the property owner. This includes repairing or replacing damaged or aged pipes and clearing chokes.
If repairs cannot be performed without removing or seriously damaging a Council tree and there are no alternatives (such as relining or moving the pipes or directional boring), you will need to advise Council and consideration will be given to removing the tree.
For claims relating to damage to sewer and stormwater pipes alleged to have been caused by Council trees, below is a guide as to the documentary evidence required.
Note – details regarding pipe layouts may be obtained from survey plans or building plans. A plumber may be able to map all pipework onto a building plan. Alternatively, Sydney Water may have records of plans submitted as part of a development and infrastructure installations.
A structure is anything that has been constructed on private property with appropriate approval or consent (except fences). Please keep the following points in mind when making a claim regarding structures:
To show root interaction, you will need Council approval to remove the section of the driveway crossover on Council land and arrange for Council’s arborist to inspect the site by contacting Customer Service on 02 9879 9400.
Evidence required includes the driveway’s construction, methods and materials used to confirm that it met appropriate standards and that Council approval was obtained at the time of construction.
To inspect damage to fences or walls, you will need to arrange a localised excavation with hand tools on the private property side of the boundary fence/wall at the point of suspected interaction between tree roots and the fence/wall. It is recommended you give Council at least five business days notice of such excavation as they will need to inspect the site once the excavation has taken place. To facilitate inspection, any tree roots should be uncovered carefully and left intact with no damage to the outer layer. At no stage should residents cut or remove tree roots.
To minimise risk, any excavation undertaken for the purpose of inspection should be kept to the immediate area of suspected interaction. If in doubt, contact a suitably qualified trade person or service provider to carry out the works.
Caution should be taken prior to excavating. It is recommended that Dial before you Dig are sourced or phone 1100, to assist in locating public underground utilities. Residents should also determine the location of private services, such as water gas/electricity and phone lines, to prevent damage or personal injury. A qualified trade person may be required to safely locate all services.
Additionally, caution should always be taken when excavating near brick footing walls or fences above 1m high as a full length trench excavation may destabilise the wall/fence.
22 Alexandra Street, Hunters Hill NSW 2110
PO Box 21, Hunters Hill NSW 2110
Tel: (02) 9879 9400
E: customerservice@huntershill.nsw.gov.au
ABN: 75 570 316 011
We acknowledge that The Wallumedegal people of the Eora Nation are the Traditional Custodians of this land.