Tree Removal — Exempt Development
When you can remove a tree in NSW without applying to council, and when you still cannot.
Exempt Development means no approval from council or a planning authority is required — provided your situation meets specific development standards. Use our Tree Removal Guide to confirm whether Exempt Development applies to your tree.
What is Exempt Development?
Exempt Development is a category of building or development work that meets specific standards and therefore does not require approval from your council or planning authority. For tree removal, it covers a narrow set of circumstances where council's interest in retaining the tree is outweighed by safety, species, or bushfire management considerations.
When can a tree be removed under Exempt Development?
You may remove a tree without a DA under the following circumstances:
- The tree is dead. Note: a dead tree cannot be removed under Exempt Development if it is required as habitat for native animals. Photographic evidence is strongly recommended before removal.
- The tree is an imminent danger — when certified by a Level 5 qualified arborist.
- The tree has become a hazard. Photographic evidence is required.
- The tree is on your council's Exempt Tree Species List.
- The tree is in a bushfire-affected 10/50 area and is not on sloping ground.
When can a tree NOT be removed under Exempt Development?
- The tree is located in a Biodiversity Values Area.
- The tree is on the council's register of significant trees, located in a heritage area, or in a heritage conservation area.
- The tree exceeds the council's relevant size thresholds.
If any of the above apply, a DA is required. Visit our Tree Removal under DA guide for more.
How to proceed with Exempt Development
If you are certain that council approval is not required, you may carry out the removal yourself. However, professional tree fellers possess the skills, knowledge and equipment to finish the job safely and efficiently — and it is generally worth engaging a qualified arborist.
Maximum penalty for illegal tree removal If you remove a tree that actually required a DA, the maximum penalty is $1.1 million in the NSW Land and Environment Court. If there is any doubt, confirm the correct pathway before proceeding. Our Tree Removal Guide takes you through it step by step.
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