Introduction

Trees are often valued features in New South Wales (NSW) strata schemes, contributing positively to the living environment. However, their growth can lead to significant disputes for an owners corporation (OC) when branches or hedges obstruct views or sunlight previously enjoyed by residents, impacting property enjoyment within the stratum.

This guide provides essential information for NSW OCs navigating the complexities of a tree dispute involving a neighbour or lot owner, particularly concerning a tree or hedge blocking views and sunlight. Understanding the legal framework, primarily the Trees (Disputes Between Neighbours) Act 2006 (NSW), alongside local council regulations and the processes of the Land and Environment Court (LEC), is crucial for effectively managing these situations and fulfilling the OC’s responsibilities regarding common property or issues stemming from adjoining land.

Understanding the Legal Framework for Tree Disputes in NSW Strata

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

The primary legislation governing disputes between neighbours over trees in NSW is the Trees (Disputes Between Neighbours) Act 2006 (NSW). This Act provides a framework for resolving issues where trees cause damage, injury risk, or obstruction, offering a simpler process than previous common law actions. The LEC holds jurisdiction to hear applications and make orders under this Act.

Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) addresses high hedges obstructing sunlight or views. For this part to apply, several conditions must be met:

• The obstruction must be caused by a group of 2 or more trees
• These trees must have been planted to form a hedge
• The hedge must rise to a height of at least 2.5 metres above the existing ground level
• The hedge must be situated on adjoining land to the applicant’s property
• The hedge must cause a severe obstruction of sunlight to a window of a dwelling or a view from a dwelling

The Act defines a ‘tree’ as a group of woody perennial plants, bamboo, and vines. Before applying to the court, an applicant must demonstrate they have made a reasonable effort to reach an agreement with the landowner where the tree or hedge is situated.

The LEC can make various orders, such as requiring the hedge to be pruned or removed, but cannot award compensation for view or sunlight loss under Part 2A.

Strata Schemes Management Act 2015 (NSW)

While the Trees (Disputes Between Neighbours) Act 2006 (NSW) deals with neighbour disputes, the Strata Schemes Management Act 2015 (NSW) governs the internal management of strata schemes. A key provision is Section 106, which imposes a strict duty on the OC to properly maintain and repair common property. This responsibility extends to trees located on common property areas within the stratum.

If a common property tree obstructs views or sunlight, the OC has the authority and responsibility to manage it as part of its maintenance duties. Decisions regarding pruning or removal are typically made through resolutions passed by the OC or its strata committee, following the procedures outlined in the Strata Schemes Management Act 2015 (NSW) and the scheme’s by-laws.

Failure by the OC to fulfil its maintenance duty regarding common property trees can lead to affected lot owners’ applications to the NSW Civil and Administrative Tribunal (NCAT).

Local Council Tree Regulations & Permit Requirements

Alongside state legislation like the Trees (Disputes Between Neighbours) Act 2006 (NSW) and the Strata Schemes Management Act 2015 (NSW), local council regulations play a crucial role in tree management. Most councils in NSW have Tree Preservation Orders (TPOs) or Development Control Plans (DCPs) that regulate the pruning and removal of trees, even on private property, including strata schemes.

Significant tree work, whether on common property or within a private lot, generally requires a permit or development consent from the local council unless specific exemptions apply. OCs and individual lot owners need to check with their local council before undertaking any substantial tree pruning or removal.

An exception exists under section 6(3) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), which states that a specific court order from the LEC authorising tree work overrides the need for separate council consent under planning laws. However, the LEC must still consider whether council consent would normally be required when deciding whether to make an application or issue an order.

Who is Responsible for the Common Property, Private Lot, & Neighbour Trees?

Utilise Strata Plans to Determine Tree Location

The first step in addressing any tree-related issue within a strata scheme is to accurately determine the tree’s location. Establishing whether a tree sits on common property or within an individual lot boundary is crucial, as this dictates primary responsibility for its management.

Consulting the registered strata plan for the scheme is essential for this task. This plan legally defines the boundaries between individual lots and the common property shared by all owners. Relying solely on visual checks can be misleading; therefore:

• Examine the strata plan for accurate boundary information
• Consider obtaining a current common property title search for additional clarity

Uphold Owners Corporation’s Responsibility for Common Property Trees

When a tree is situated on common property, such as shared gardens or grounds, the OC is directly responsible for its maintenance. This responsibility stems from the OC’s statutory duty under section 106 of the Strata Schemes Management Act 2015 (NSW) to properly maintain and repair common property.

This duty includes managing trees located on common land. The OC must ensure these trees are:

• Kept in good condition
• Not posing a hazard or unreasonable interference to residents

Decisions regarding pruning, removal, or other maintenance actions for common property trees are typically made through resolutions passed by the OC or its strata committee.

Ensure Lot Owner’s Responsibility for Trees on Private Lots

Conversely, if a tree is located entirely within the boundaries of a private lot, such as a courtyard or balcony garden, the responsibility for its upkeep generally falls to that individual lot owner. The lot owner must manage the tree, including any necessary pruning, and ensure it doesn’t cause damage or nuisance to neighbouring lots or common property.

While the OC’s direct authority over trees on private lots is limited, it can enforce by laws if the tree causes a nuisance or hazard as defined within the scheme’s regulations. However, the primary maintenance obligation remains with the lot owner.

Deal with Trees on Neighbouring Adjoining Property

Situations often arise where trees causing obstruction are located on land next to, but outside, the strata scheme. These trees on neighbouring or adjoining properties fall under the Trees (Disputes Between Neighbours) Act 2006 (NSW) scope. This Act allows an owner of land (including an OC as the common property owner) to apply to the LEC for orders concerning trees on adjoining land.

For the Court to have jurisdiction under the Trees (Disputes Between Neighbours) Act 2006 (NSW), the tree must be situated on “adjoining land”. This term can include:

• Land that shares a boundary
• Land separated by a public road
• Land that adjoins diagonally

The LEC has confirmed, notably in The Owners – Strata Plan No. 52378 v Huang [2025] NSWLEC 1125, that an OC has the legal standing to apply for orders under the Trees (Disputes Between Neighbours) Act 2006 (NSW) regarding neighbouring trees that obstruct views or sunlight into apartments within the strata scheme, acting as the owner of the adjoining common property.

How Can Common Property Trees Blocking Views or Sunlight be Managed?

Review Owners Corporation Duties Under Strata Schemes Management Act 2015 (NSW)

Under section 106(1) of the Strata Schemes Management Act 2015 (NSW), the OC has a strict, non-discretionary legal duty to properly maintain and keep the common property in good and serviceable repair. This responsibility explicitly includes the upkeep of trees on common property areas within the strata scheme.

This maintenance duty extends beyond merely reacting to problems; it requires ongoing care to:

• Prevent deterioration
• Ensure safety
• Maintain functionality

Failure to fulfil this obligation regarding common property trees can have serious consequences. An affected lot owner may apply to the NCAT for orders compelling the OC to perform the necessary maintenance. Furthermore, under section 106(5) of the Strata Schemes Management Act 2015 (NSW), an owner might seek damages from the OC for reasonably foreseeable losses suffered due to the breach of this duty.

The OC can only decide against maintaining or repairing common property, including trees, under specific circumstances outlined in section 106(3) of the Strata Schemes Management Act 2015 (NSW). This requires a special resolution determining that such a decision is inappropriate and will neither compromise safety nor detract from the scheme’s appearance. Given the potential impact of trees on views and sunlight, meeting these conditions to avoid maintenance can be challenging.

Implement Decision-Making Process, Resolutions, & Funding Tree Works

Decisions concerning the management of common property trees, including actions to address view or sunlight obstruction, are made by the OC. These decisions are formalised through resolutions passed at general meetings or, if delegated, by the strata committee. The type of resolution needed typically depends on the scope of the work.

Different types of tree work require different approval processes:

• Routine pruning might be approved by an ordinary resolution or fall under the committee’s delegated authority
• Significant actions like major pruning or tree removal, especially if they alter the common property’s appearance or involve substantial cost, often require a special resolution (75% majority vote) at a general meeting, particularly if considered an alteration under section 108 of the Strata Schemes Management Act 2015 (NSW)

Funding for common property tree works comes from the OC’s funds. The source depends on the nature of the work:

• Routine maintenance is typically paid from the administrative fund
• More substantial projects, such as major pruning or removals, are usually funded from the capital works fund (CWF)

OCs must have a 10-year CWF plan that anticipates future capital expenditure, including budgeting for significant tree maintenance cycles. If the CWF is insufficient, the OC must raise funds through a special levy, requiring an ordinary resolution.

Assess Practical Steps for Pruning & Removal of Common Property Trees

The OC should follow a structured process when addressing common property trees that block views or sunlight. This begins with a thorough assessment to document the extent of the obstruction, potentially using photographs or measurements of light reduction. Affected lot owners should be able to present their concerns, typically during discussions at a general meeting.

Engaging qualified professionals is essential. The OC should consult qualified arborists to:

• Assess the health and condition of the tree(s)
• Evaluate the severity of the view or sunlight obstruction
• Recommend appropriate management actions, such as specific pruning techniques or, if necessary, removal

Before proceeding with any significant pruning or removal, the OC must check and comply with local council regulations. Many councils have TPOs or DCPs that require permits for such work.

Once a course of action is decided upon and necessary council approvals are obtained, the OC should notify all lot owners about the planned work and its justification before implementing the solution using qualified contractors.

How Can You Address Neighbour or Lot Owner Trees That Obstruct Your Views or Sunlight?

Explore Owners Corporation Role Limitations and By‑Law Enforcement Options

The OC’s direct authority is limited when trees causing obstruction are located entirely within a private lot. The primary responsibility for maintaining trees within a lot boundary generally rests with the individual lot owner.

However, the OC does have several important functions in these situations:

• By-law enforcement: If a tree on a private lot causes a nuisance or hazard as defined by the by-laws (e.g., unreasonable interference with another lot owner’s use or enjoyment under section 153 of the Strata Schemes Management Act 2015 (NSW)), the OC can take action.
• Process for enforcement: This typically involves:
  • Issuing a Notice to Comply to the lot owner
  • If non-compliance continues, applying to the NCAT for enforcement orders

The OC also retains a duty of care regarding common property. Suppose a private lot tree poses a risk to common property (e.g., damaging roots, overhanging unstable branches). In that case, the OC should investigate and may require the lot owner to take remedial action.

Beyond these formal responsibilities, the OC can act as a facilitator, encouraging communication and mediation between affected lot owners to help them reach a private resolution regarding the tree dispute.

Apply the Trees (Disputes Between Neighbours) Act 2006 (NSW)

The Trees (Disputes Between Neighbours) Act 2006 (NSW) provides a specific legal pathway for addressing certain tree disputes, including those within strata schemes involving adjoining properties. Part 2A of this Act is particularly relevant for obstructions caused by high hedges.

This part allows an owner of land (including an OC or a lot owner) to apply to the LEC for orders to remedy, restrain, or prevent severe obstruction of sunlight to a window or a view from a dwelling, caused by trees on adjoining land.

For Part 2A to apply, several conditions must be met:

• The obstruction must be caused by a group of 2 or more trees
• These trees must have been planted to form a hedge
• The hedge must rise to a height of at least 2.5 metres above the existing ground level
• The hedge must be situated on adjoining land to the applicant’s property
• The hedge must cause a severe obstruction of sunlight to a window of a dwelling or a view from a dwelling

It is important to note that Part 2A does not apply to obstructions caused by single trees, unless that tree also causes damage or risk of injury (which falls under Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (NSW)).

Before applying to the court, the applicant must demonstrate they have made a reasonable effort to reach an agreement with the landowner where the tree or hedge is situated, typically involving 21 days’ notice.

The LEC can order the hedge to be pruned, removed, or maintained at a specific height, but cannot award compensation for the loss of view or sunlight under Part 2A.

Explore Owners Corporation Standing

A significant development clarified the OC’s ability to act under the Trees (Disputes Between Neighbours) Act 2006 (NSW). In The Owners – Strata Plan No. 52378 v Huang [2025] NSWLEC 1125, the LEC addressed whether an OC could apply for orders concerning trees on a neighbouring property that obstructed views and sunlight into apartments within the strata building.

The key aspects of this case include:

• The neighbour argued the OC lacked standing because the impact was on private apartments, not common property
• The LEC rejected this argument
• It held that because the common property owned by the OC adjoined the land where the trees were situated, the OC, as the owner of that adjoining land, had the legal standing to make an application for orders relating to the obstruction affecting apartments within its stratum

This decision confirmed that OCs are entitled to seek relief under the Trees (Disputes Between Neighbours) Act 2006 (NSW) for neighbouring trees obstructing views or sunlight into apartments. It represents a departure from earlier interpretations that suggested only individual lot owners could apply in such circumstances.

The Owners – Strata Plan No. 52378 v Huang [2025] NSWLEC 1125 provides greater flexibility for OCs to manage tree disputes involving neighbouring properties that impact residents within the strata scheme. The LEC also noted that individual apartment owners or residents could still apply to the LEC for orders.

What Is the Land and Environment Court Process for Tree Disputes?

Determine When to Apply to the Land and Environment Court

The LEC of NSW is the designated venue for resolving disputes under the Trees (Disputes Between Neighbours) Act 2006 (NSW) when neighbours cannot reach an agreement. An owner or occupier of land can apply to the LEC if they are affected by a tree or hedge situated on adjoining land.

Before making an application to the LEC, applicants must:

• Make a reasonable effort to reach an agreement with the tree or hedge owner
• Generally, provide at least 21 days’ notice of the application, including specific orders sought
• Notify the local council or Heritage Council in certain circumstances

Applications can be made under two main parts of the Trees (Disputes Between Neighbours) Act 2006 (NSW):

• Part 2: Concerns trees that have caused, are causing, or are likely in the near future to cause damage to property or injury to people.
• Part 2A: Deals specifically with groups of two or more trees planted to form a hedge, rising to at least 2.5 metres, that cause a severe obstruction of sunlight to a window or a view from a dwelling.

Assess Key Requirements for Severe Obstruction & Balancing Interests Test

For applications concerning hedges under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW), the LEC must be satisfied of specific requirements before making any orders. A primary requirement is proving that the hedge causes a “severe obstruction” of either sunlight to a window of the applicant’s dwelling or a view from the dwelling.

The term “severe obstruction” is not explicitly defined in the legislation. Instead, the LEC assesses severity based on the specific facts of each case, considering factors such as:

• The amount of sunlight lost
• The importance of the affected window (e.g., to a living area)
• The significance of the obstructed view (e.g., water views)

Minor interference or obstruction of less significant views may not meet this threshold.

Even if severe obstruction is established, the LEC must perform a balancing act as required by section 14E(2)(b) of the Trees (Disputes Between Neighbours) Act 2006 (NSW). The LEC must be satisfied that the severity and nature of the obstruction mean the applicant’s interest in having it removed, remedied, or restrained outweighs any other factors suggesting the undesirability of interfering with the hedge. This involves weighing the applicant’s loss against matters such as the hedge’s contribution to the neighbour’s privacy, amenity, landscaping, or ecological value.

Assess Potential Court Orders & Factors the Land and Environment Court Considers

If the LEC is satisfied that the requirements under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) are met, it has the authority to make various orders to remedy, restrain, or prevent the severe obstruction.

Potential orders under section 14D of the Trees (Disputes Between Neighbours) Act 2006 (NSW) include:

• Requiring the hedge to be pruned to a specific height, width, or shape
• Ordering the ongoing maintenance of the hedge at the specified dimensions
• Requiring the removal of the hedge, potentially with replacement planting of a different species
• Authorising the applicant or another party to enter the land to carry out the ordered works
• Making orders regarding the payment of costs associated with carrying out the work, which are often borne by the hedge owner but can be apportioned

It is important to note that the LEC cannot award monetary compensation for the loss of sunlight or views under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW).

Before deciding, section 14F of the Trees (Disputes Between Neighbours) Act 2006 (NSW) requires the LEC to consider an extensive list of factors, including:

• The location of the hedge relative to the boundary and the affected dwelling
• Whether the hedge existed before the dwelling or the relevant window
• Whether the hedge grew to 2.5 metres or more during the applicant’s ownership
• Any applicable council or heritage requirements
• The potential impact of pruning on the hedge’s health and appearance
• The hedge’s contribution to privacy, landscaping, garden design, heritage values, or protection from sun, wind, noise, smells, or smoke for the land on which it is situated
• The hedge’s contribution to the local ecosystem, biodiversity, and landscape value
• Any steps already taken by the parties to address the obstruction
• Details about the sunlight lost (amount, duration, time of year)
• The nature and extent of the view affected, and any remaining views
• The specific part of the dwelling affected (e.g., living room vs. bedroom)

The LEC often conducts site visits as part of the hearing process to directly observe the hedge, the obstruction, and the surrounding context. This firsthand assessment helps the LEC make informed decisions based on the specific circumstances of each case.

What Are the Dispute Resolution Options?

Implement Negotiation and Internal Strata Dispute Processes

Before escalating a tree dispute, the initial step should involve direct and respectful communication between the affected parties. Whether the issue is between two lot owners or involves the OC, open dialogue can often lead to a simple resolution without formal intervention. Many disagreements can be resolved through mutual understanding and compromise at this early stage.

If informal talks fail, the next step involves utilising the formal processes within the strata scheme. This may include:

• Reviewing the scheme’s by-laws for relevant clauses on landscaping, nuisance, or property appearance
• Submitting a formal written request or motion to the OC or strata committee detailing the obstruction and the desired outcome
• Following any specific internal dispute resolution procedures outlined in the scheme’s by-laws

Use Mediation Through NSW Fair Trading

When direct negotiation and internal processes don’t resolve the tree dispute, mediation offers a structured and cost-effective alternative. NSW Fair Trading provides a free mediation service specifically for strata disputes, facilitated by a neutral third party. This process encourages parties to discuss their concerns, explore options, and work towards a mutually agreeable solution.

For certain disputes under the Strata Schemes Management Act 2015 (NSW), attempting mediation through Fair Trading is often a mandatory prerequisite before an application can be made to the NCAT. These disputes typically involve the OC’s maintenance duties or by law enforcement.

Successful mediation requires thorough preparation, including:

• Gathering evidence like photos or reports
• Maintaining a willingness to negotiate in good faith

Know The Role of the NSW Civil & Administrative Tribunal

The NCAT is the primary venue for resolving disputes under the Strata Schemes Management Act 2015 (NSW). Its jurisdiction is relevant to tree disputes when the core issue involves the OC’s duties or the enforcement of strata by-laws.

It’s important to note that NCAT does not handle disputes primarily governed by the Trees (Disputes Between Neighbours) Act 2006 (NSW), such as view obstruction by a neighbour’s hedge, which falls under the LEC’s jurisdiction.

NCAT can make legally binding orders concerning:

• Compelling an OC to fulfil its duty under section 106 of the Strata Schemes Management Act 2015 (NSW) to maintain common property trees
• Enforcing strata by-laws, potentially ordering a lot owner to address a tree on their property if it causes a nuisance or hazard defined in the by-laws
• Awarding damages against an OC for reasonably foreseeable loss caused by a breach of its maintenance duty

Conclusion

Successfully managing tree disputes involving blocked views and sunlight in NSW strata schemes requires understanding the distinct responsibilities of the OC and lot owners, navigating the legal frameworks of the Strata Schemes Management Act 2015 (NSW) and the Trees (Disputes Between Neighbours) Act 2006 (NSW), and utilising appropriate resolution pathways from negotiation to the LEC. Key considerations include accurately identifying tree location, adhering to council regulations, and understanding the specific provisions for hedges causing severe obstruction under the Trees (Disputes Between Neighbours) Act 2006 (NSW).

Navigating these complex legal and practical issues often requires specialist guidance to ensure compliance and effective outcomes. For trusted expertise and tailored legal advice on resolving your strata tree dispute in Sydney or wider NSW, contact the experienced strata law team at PBL Law Group today to discuss your situation and explore your options.

Frequently Asked Questions (FAQ)