Trees and Hedges Blocking Views and Sunlight Hedge in NSW Strata: Complete Legal Guide & Free Dispute Checker

Introduction

Trees and hedges are often valued features in New South Wales strata schemes, but their growth can lead to significant disputes when they obstruct views or sunlight. The Trees (Disputes Between Neighbours) Act 2006 (NSW) provides a structured framework to resolve these issues, ensuring residents can maintain the enjoyment of their property.

This guide assists an owners corporation in navigating its responsibilities under the Strata Schemes Management Act 2015 (NSW) and the processes of the Land and Environment Court. It offers practical guidance on managing common property trees and addressing obstructions from adjoining land to ensure the strata scheme remains compliant and well-maintained.

Interactive Tool: Check Who Is Responsible for Trees Blocking Your Views & Sunlight

Understanding the Legal Framework for Strata Tree Disputes in NSW

The Trees (Disputes Between Neighbours) Act 2006 (NSW)

The primary legislation for resolving tree disputes between neighbours in NSW is the Trees (Disputes Between Neighbours) Act 2006 (NSW).

This Act aims to provide a simple and accessible process for settling disagreements over trees that cause damage, risk of injury, or obstruction. The Land and Environment Court (LEC) is granted jurisdiction to hear applications and issue orders under this legislation.

A key section for strata residents is Part 2A, which specifically addresses high hedges that block sunlight or views. For this part to be applicable, certain conditions must be met:

• The obstruction must be from a group of two or more trees.
• These trees must have been planted to form a hedge.
• The hedge must be at least 2.5 metres tall.
• It must cause a “severe obstruction” of sunlight to a window or a view from a dwelling.

While Part 2A deals with views and sunlight, Part 2 of the Act addresses situations where a tree has caused, is causing, or is likely to cause:

• Damage to property.
• Injury to a person.

Under Part 2A, the LEC can order the pruning or removal of a hedge but cannot award monetary compensation for the loss of a view or sunlight.

The Strata Schemes Management Act 2015 (NSW)

While the Trees (Disputes Between Neighbours) Act 2006 (NSW) governs disputes with neighbours, the Strata Schemes Management Act 2015 (NSW) regulates the internal management of a strata scheme.

A critical provision within this Act is Section 106, which places a strict and non-discretionary duty on the owners corporation to properly maintain and repair all common property.

This responsibility explicitly includes the upkeep of any trees located in common areas of the strata scheme.

If an owners corporation fails to fulfil this duty, an affected lot owner can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order compelling them to perform the necessary maintenance.

Local Council Regulations & Permit Requirements

In addition to state laws, local council regulations are a vital part of managing trees within a strata scheme.

Most councils in NSW have Tree Preservation Orders (TPOs) or similar rules within their Development Control Plans (DCPs) that regulate the:

• Pruning and trimming of trees.
• Removal of trees on private land.

This means that before any significant tree work is undertaken, the owners corporation or a lot owner must typically obtain a permit or development consent from the local council.

It is important to note that an order from the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006 (NSW) overrides the need to get separate council consent for the specified work.

Determining Responsibility for Trees in a Strata Scheme

The Owners Corporation’s Responsibility for Common Property Trees

When a tree is located on common property, such as in shared gardens or grounds, the owners corporation holds direct responsibility for its care and maintenance. This duty is established under Section 106 of the Strata Schemes Management Act 2015 (NSW), which requires the owners corporation to properly maintain and repair all common property.

This responsibility obliges the strata scheme to keep trees in good condition so they do not pose a hazard or unreasonable interference to residents.

Decisions about tree work are made through resolutions of the owners corporation or its delegated strata committee and typically relate to:

• Pruning that controls growth or removes dangerous branches
• Removal of diseased, dying or structurally unsound trees
• General maintenance such as mulching, watering and pest management

A Lot Owner’s Responsibility for Trees on Private Lots

If a tree is situated entirely within the boundaries of a private lot—such as in a courtyard or on a balcony—the individual lot owner is generally responsible for its upkeep. The owner must manage the tree so it does not cause damage or nuisance to other lots or to the common property.

While the owners corporation has limited direct authority over trees on private lots, it can intervene when a tree breaches the scheme’s by-laws. When enforcement becomes necessary, the strata may:

• Issue a Notice to Comply directing the lot owner to remedy the breach
• Seek enforcement orders from the NSW Civil and Administrative Tribunal if non-compliance continues

Dealing with Trees on a Neighbouring Adjoining Property

Disputes involving trees situated on land adjacent to the strata scheme are governed by the Trees (Disputes Between Neighbours) Act 2006 (NSW). Under this legislation, an owner of land—including a strata owners corporation—may apply to the Land and Environment Court for orders concerning problematic trees on an adjoining property.

The court has confirmed that an owners corporation has standing to act on behalf of lot owners. In The Owners – Strata Plan No. 52378 v Huang [2025] NSWLEC 1125, it held that a strata scheme can seek orders where a neighbour’s trees obstruct views or sunlight into its apartments.

For the court to have jurisdiction, the tree must be on “adjoining land,” which can include:

• Land that shares a direct boundary with the strata parcel
• Land separated by a public road from the strata scheme
• Land that adjoins diagonally, touching the strata boundary at one corner

How a Strata Owners Corporation Can Manage Common Property Trees

Upholding the Strict Duty to Maintain Common Property

Under Section 106(1) of the Strata Schemes Management Act 2015 (NSW), an owners corporation has a strict and non-discretionary legal duty to properly maintain common property. This responsibility explicitly includes the upkeep of trees located in shared areas within the strata scheme, requiring ongoing care to:

• Prevent deterioration of the common property.
• Ensure safety for all residents and visitors.

If an owners corporation fails to fulfil this obligation, an affected lot owner has recourse options available. They can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order compelling the necessary maintenance.

Furthermore, under Section 106(5) of the Strata Schemes Management Act 2015 (NSW), an owner may also seek damages for any reasonably foreseeable losses they suffered due to the breach of this duty.

An owners corporation can only decide against maintaining common property trees in specific situations outlined in Section 106(3) of the Strata Schemes Management Act 2015 (NSW). This requires a special resolution passed by the strata scheme, confirming that the decision is appropriate and will not:

• Compromise safety within the scheme.
• Detract from the property’s appearance.

Following the Decision-Making Process for Tree Works

Decisions about managing common property trees are formalised through resolutions passed at general meetings or by the strata committee, if delegated. The type of resolution required often depends on the scope and cost of the proposed work.

Funding for tree maintenance is drawn from the owners corporation’s funds. The source of this funding is determined by the nature of the work:

• Administrative Fund: Routine maintenance, such as minor pruning, is typically paid from this fund.
• Capital Works Fund (CWF): More substantial projects, like major pruning or tree removals, are usually funded from the CWF.

If the CWF is insufficient to cover the costs, the owners corporation must raise the necessary funds through a special levy, which requires an ordinary resolution.

A structured process should be followed, beginning with a thorough assessment of the obstruction. Engaging qualified arborists is essential to evaluate the tree’s health and recommend appropriate actions.

Before any work proceeds, the owners corporation must also ensure they:

• Comply with local council regulations, such as Tree Preservation Orders (TPOs).
• Notify all lot owners of the planned work.

Addressing Hedges on Adjoining Land That Obstruct Views or Sunlight

Applying Part 2A of the Trees Act for High Hedges

The Trees (Disputes Between Neighbours) Act 2006 (NSW) offers a specific legal pathway for addressing disputes involving high hedges on adjoining properties. Part 2A of this Act allows an owners corporation or a lot owner to apply to the Land and Environment Court for orders to resolve a severe obstruction of sunlight or views.

For an application to be successful under Part 2A, several strict conditions must be satisfied, and the court must be convinced that:

• The obstruction is caused by a group of two or more trees.
• These trees were planted to form a hedge.
• The hedge has reached a height of at least 2.5 metres above the existing ground level.
• The hedge is situated on land that adjoins the applicant’s property.
• It is causing a “severe obstruction” of sunlight to a window of a dwelling or a view from a dwelling.

It is important to understand that this part of the Act:

• Does not apply to obstructions caused by a single tree.
• Requires the applicant to show they have made a reasonable effort to resolve the issue with the owner of the land where the hedge is located.

Confirming the Strata Owners Corporation’s Legal Standing to Act

A landmark decision has clarified the ability of a strata owners corporation to take legal action under the Trees (Disputes Between Neighbours) Act 2006 (NSW). In the case of The Owners – Strata Plan No. 52378 v Huang [2025] NSWLEC 1125, the Land and Environment Court confirmed that an owners corporation has the legal standing to act on behalf of its residents.

The court addressed the argument that an owners corporation could not apply for orders because the obstruction affected private apartments rather than the common property. Consequently, it rejected this view and established that:

• Since the common property owned by the strata scheme adjoined the land with the trees, the owners corporation was entitled to seek relief.
• This precedent empowers a strata scheme to manage disputes involving neighbouring properties that impact the amenity of residents within the building.

The Land & Environment Court Process for Strata Hedge Disputes

Proving a Severe Obstruction from a High Hedge

For a successful application to the Land and Environment Court under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW), the applicant must first prove that the trees in question constitute a hedge.

The Act does not provide a formal definition, but court cases like Wisdom v Payn [2011] NSWLEC 1012 clarify that it requires a degree of regularity and arrangement in a linear fashion, giving the impression of a hedge in the ordinary sense.

A primary requirement is to demonstrate that the hedge causes a severe obstruction of sunlight to a window or a view from the applicant’s dwelling.

The term “severe obstruction” is not defined in the legislation, meaning the Court assesses its severity based on the specific facts of each case.

Factors considered include:

• The amount of sunlight lost.
• The importance of the affected window.
• The significance of the obstructed view, such as water views from a living area.

The Court’s Balancing Test & Key Factors for Consideration

Even if a severe obstruction is established, the Land and Environment Court must perform a balancing test.

Under Section 14E(2)(b) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), the Court must be satisfied that the applicant’s interest in resolving the obstruction outweighs any reasons to leave the hedge undisturbed.

This involves weighing the applicant’s loss against the hedge’s benefits to the neighbour.

Section 14F of the Act requires the Court to consider an extensive list of factors before making a decision, including:

• The location of the hedge in relation to the property boundary and the affected dwelling.
• Whether the hedge existed before the dwelling was built or the relevant window was installed.
• Whether the hedge grew to 2.5 metres or more during the applicant’s ownership of the property.
• The hedge’s contribution to privacy, landscaping, garden design, or protection from sun, wind, and noise for the land on which it is situated.
• Any contribution the hedge makes to the local ecosystem, biodiversity, and landscape value.
• The nature and extent of the view affected and the character of any remaining views.
• The amount of sunlight lost, the duration of the loss throughout the day, and the time of year it occurs.
• The specific part of the dwelling affected by the obstruction, such as a living room versus a bedroom.

Potential Court Orders & Limitations

If the Land and Environment Court is satisfied that the legal requirements are met, it has the authority to make various orders to remedy, restrain, or prevent the severe obstruction.

Under Section 14D of the Trees (Disputes Between Neighbours) Act 2006 (NSW), these orders can include:

• Requiring the hedge to be pruned to a specific height, width, or shape.
• Ordering the ongoing maintenance of the hedge at specified dimensions.
• Requiring the removal of the hedge, sometimes with a condition to plant a different species as a replacement.
• Making orders about who pays for the costs associated with carrying out the work.

It is important for any strata scheme or lot owner to understand a key limitation of this process.

While the Court can order physical changes to the hedge, it cannot award monetary compensation for the loss of sunlight or views under Part 2A of the Act.

Dispute Resolution Options for Your Strata Scheme

Negotiation & Internal Strata Dispute Processes

Before escalating a strata dispute, the first step should always be direct and respectful communication between the affected parties.

Open dialogue can often lead to a simple resolution without the need for formal intervention, as many common strata disputes are resolved through mutual understanding and compromise.

If informal discussions are unsuccessful, the next step is to use the formal processes available within the strata scheme. These may include:

• Reviewing the scheme’s by-laws for any relevant clauses on landscaping or nuisance.
• Submitting a formal written motion to the owners corporation or strata committee that details the obstruction and the desired outcome.
• Following any internal dispute resolution procedures outlined in the scheme’s by-laws.

The Trees (Disputes Between Neighbours) Act 2006 (NSW) requires that an applicant make a reasonable effort to reach an agreement with the tree owner before the Land and Environment Court can make an order. This demonstrates the legal importance of attempting to resolve the matter amicably first.

Mediation Through NSW Fair Trading & the Role of NCAT

When direct negotiation and internal strata processes fail to resolve an issue, strata dispute mediation offers a structured and cost-effective alternative.

NSW Fair Trading provides a free mediation service for strata disputes, where a neutral third party helps facilitate a mutually agreeable solution. For certain disputes under the Strata Schemes Management Act 2015 (NSW), attempting mediation is a mandatory step before an application can be made to the NSW Civil and Administrative Tribunal (NCAT).

It is crucial to understand the distinct roles of NCAT and the Land and Environment Court.

• NCAT is the primary venue for resolving disputes related to the Strata Schemes Management Act 2015 (NSW), such as compelling an owners corporation to maintain common property trees or enforcing by-laws.
• However, NCAT does not handle disputes about a neighbour’s hedge obstructing views or sunlight, as these matters fall exclusively under the jurisdiction of the Land and Environment Court.

Practical Tips for Managing Strata Tree & Hedge Disputes

Document Everything Meticulously

Thorough records are crucial for managing tree or hedge disputes. This documentation serves as essential evidence for mediation or the Land and Environment Court.

Ensure records are organised to clearly illustrate the history and impact of the issue. Key documents to collect and maintain include:

• Photographs and Videos: Capture clear, dated images showing the extent of sunlight loss or view blockage.
• Correspondence: Keep copies of all emails, letters, and formal notices sent to the neighbour or owners corporation.
• Expert Reports: File reports from professionals like arborists or engineers who have evaluated property damage.
• Diagrams: Create diagrams, such as shade diagrams, to visually represent the impact of the hedge or tree.

Communicate Clearly & Respectfully in Writing

Effective communication is the first step toward amicable resolution. Always approach neighbours or the owners corporation in writing.

This creates a clear record of attempts to settle, which is a requirement before applying to the Land and Environment Court.

Correspondence should respectfully outline the problem and suggest a desired outcome. For example, detail any damage caused by a neighbour’s tree and request they take action to fix it.

This demonstrates a reasonable effort to resolve the dispute and provides formal evidence.

Engage the Right Professionals Early

Early expert advice can provide clarity and strengthen your position. Qualified professionals help accurately assess the situation and clarify your legal options.

Depending on the dispute, you may need to consult several experts. Consider engaging the following professionals:

• Qualified Arborist: To assess tree health, obstruction severity, and recommend appropriate management actions.
• Engineer or Builder: To report on the extent of damage and necessary repairs if structural damage has occurred.
• Surveyor: To confirm property boundaries and determine who is responsible for the tree.
• Strata Lawyer: To advise on rights, obligations, and the dispute resolution process.

Follow Your Strata Scheme’s Formal Procedures

Adhere to established procedures when disputes involve common property or another lot owner. Using formal channels ensures concerns are officially recorded in accordance with the scheme’s by-laws.

The correct process typically involves:

• Reviewing by-laws for clauses related to landscaping, trees, or nuisance.
• Submitting a formal motion to the strata committee to be discussed at a meeting.
• Following any internal dispute resolution processes outlined in the by-laws.

Conclusion

Successfully managing tree disputes over blocked views and sunlight in NSW strata schemes requires a clear understanding of the legal responsibilities under the Strata Schemes Management Act 2015 (NSW) and the Trees (Disputes Between Neighbours) Act 2006 (NSW). Following the correct procedures, from negotiation and mediation to applying to the Land and Environment Court, is essential for resolving these complex conflicts effectively.

If you are facing a dispute over trees, hedges, or sunlight obstruction in your strata scheme, contact our strata lawyers at PBL Law Group for expert legal advice and practical solutions. Our specialised strata by-law lawyers provide comprehensive support for owners corporations and strata managers navigating all aspects of strata law, ensuring your scheme remains compliant and your interests are protected.