Overhanging Council Tree: How to Report It and Who Fixes It

To report an overhanging tree to council in Brisbane, first work out whose tree it is. If the trunk is on the footpath, the verge or in a park, it’s a council tree: put a request in through Brisbane City Council’s online tree maintenance form or ring 07 3403 8888, and a council arborist inspects it. If the trunk is in your neighbour’s yard, council won’t touch it; that’s a neighbour matter under Queensland’s tree dispute laws. This guide covers both, plus what you’re allowed to cut yourself.

I get this call most weeks from somewhere between Forest Lake and South Brisbane: “There’s a tree hanging over my fence, can you come and cut it?” Half the time the answer is “yes, send a photo”. The other half, the tree belongs to someone else, and cutting it is either not my call or not yours. So here’s how to sort it out without starting a war on the street.

Is it a council tree or your neighbour’s tree?

Look at where the trunk comes out of the ground. Not the branches, the trunk.

• Trunk on the footpath, nature strip, road reserve or in a park: council tree. Brisbane City Council owns and maintains it, and it’s an offence to trim, remove or interfere with it without council’s permission, even if half of it is over your driveway.
• Trunk in a private yard: the land owner is the “tree-keeper” under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, and the whole tree, roots included, is their responsibility.
• Trunk right on the boundary: you share it. Both owners are tree-keepers together.

If you’re not sure where the boundary runs, the fence is a fair guide but not gospel. A quick look at your property on council’s mapping, or your survey plan, settles it.

How do I report an overhanging council tree in Brisbane?

Brisbane City Council runs a tree maintenance request service for street and park trees. It covers trees that are dead, diseased, dropping limbs, blocking a footpath or sign, hitting a streetlight, or just in need of a prune. Overhanging your fence or driveway sits under “maintenance”.

What to do:

1. Take photos. One wide shot showing where the tree stands and what it’s hanging over, one close-up of the problem limb. Council asks for these and it stops the “which tree?” phone call.
2. Lodge the request online through council’s Report it form, or ring 07 3403 8888. Give the street number, suburb and a landmark, and a rough idea of how tall the tree is and how far the branches reach.
3. Put your name on it. You can report anonymously, but then there’s no reference number and no way to chase it. Give your details and you can follow up.
4. Wait for the inspection. Council says an arborist inspects within 21 days of a maintenance request. After that, the work gets scheduled on their priority list: public safety first, then weather, workload and access.

Set your expectations. Council prunes its trees to keep them safe and off the footpath. It generally doesn’t prune them for your view, your shade, leaf drop in the pool or a few cracked pavers. If the branch is over your roof or dropping deadwood on the carport, say so clearly, because that’s the sort of thing that moves it up the list.

Logan and Ipswich

Same idea, different form. Logan City Council takes street-tree reports online and says it only prunes or removes after a qualified assessment, and not for views or shading. If you disagree with their call, they’ll look at an independent AQF Level 5 arborist’s report, which is something we can write. Ipswich City Council takes requests through its online services or by phone. In Greenbank and the acreage end of Logan, the “street tree” is often a remnant gum on a wide verge, and the same rule applies: council’s tree, council’s call.

Can I cut a council tree’s branches myself?

Not without permission. In Brisbane, property owners can apply for a minor trimming permit covering small branches from the street tree directly outside their place that hang over the front fence, driveway or footpath. Small is the operative word: the sort of thing you can reach safely from the ground. Anything bigger needs council to do it, or to approve it. Get caught doing it without the permit and you’re the one in trouble, not the tree.

The other thing people forget: a street tree growing through or within a metre of the powerlines isn’t council’s job either. That’s Energex, and they trim around the street lines at no charge. Report it to them, not council. Nobody untrained should be within 3 metres of a line, and that includes you on a ladder with a pole saw.

What can I do about my neighbour’s overhanging tree?

Council’s out of this one. Queensland handles it through the Neighbourhood Disputes Act, and the state government’s tree-keeper page spells it out. The tree-keeper has to cut and remove branches that overhang your land, unless the tree is protected by a vegetation protection order, and has to make sure the tree won’t seriously injure anyone or damage your property.

In practice, work through it in this order.

1. Talk to them. Over the fence, with a photo on your phone. Most people have no idea the tree has got that big from your side. A fair share of these jobs end with the neighbours splitting the cost and both of them happier.
2. Cut what you’re allowed to cut. You can prune branches back to the boundary line from your side, as long as you don’t go onto their land and don’t kill or wreck the tree. The branches are still theirs; offer them back rather than dumping them over the fence.
3. Give formal notice. If the branches hang more than 50 centimetres over the boundary, are under 2.5 metres off the ground and the tree isn’t under a vegetation protection order, the QCAT overhanging branches process lets you serve a notice giving the tree-keeper 30 days to deal with it. If they don’t, you can have the branches cut and claim a capped amount of the cost back.
4. Mediation, then QCAT. For anything bigger, higher or more dangerous than the notice covers, a free Dispute Resolution Centre mediation comes first, and QCAT can make orders after that.

Where we come in: the neighbour agrees to the work, or you’ve got the right to cut back to the boundary, and someone has to do it properly. We prune to the Australian Standard, AS 4373, which means the branches are cut back to a growth point, not hacked off flat at the fence line. A tree that’s been cut flat at the boundary throws up a wall of weak regrowth and you’re back where you started in two summers.

What if the branch has already come down?

Different question. If a council tree drops a limb on your fence or car, report it to council straight away with photos. They’ll assess it, but don’t expect them to pay for the fence: Logan says plainly that it doesn’t accept financial responsibility where private insurance would normally apply, and don’t bank on Brisbane being different. Your insurer handles your damage and chases whoever it wants afterwards.

If a neighbour’s tree drops a limb on your side, same drill: photos, your insurer, and get the limb off anything it’s sitting on. We’ve written up who pays when a tree falls on a fence if you want the long version. If the limb is on the house, or more of the tree is hanging and about to follow it, that’s emergency tree removal and it beats paperwork.

What’s the quickest way to get it sorted?

It plays out the same way in Richlands and Durack as it does anywhere else on the southside. Someone rings about a big gum “over the fence”, we ask for a photo, and the trunk is on the footpath. When that happens we say so. You lodge the request with council, they prune it back, and it costs you nothing. We don’t get that job, and that’s how it should be. The ones we do get are the neighbour’s camphor laurel or cocos palm leaning into your yard, where both sides agree and want it cut properly rather than hacked.

So, the short version:

• Trunk on the verge or in a park: report it to council with photos. Don’t cut it yourself without a permit.
• Trunk in the neighbour’s yard: talk first, cut back to the boundary if you need to, then notice, mediation, QCAT.
• Trunk in your yard: it’s your tree and your overhang, and the neighbour can hold you to it.
• Near powerlines: Energex, not council, not you.
• Already down on something: photos, insurer, then get it off.

Before any big cut on a private tree in Brisbane, check council’s Protected Vegetation map. Our Brisbane City Council tree regulations page has the plain-English version of what you can and can’t do without a permit. For a protected tree, the permit is free and we handle them every week.

If the tree is on your side, or your neighbour’s agreed and you want it pruned properly rather than hacked, send a photo through our quote form or call 1300 239 626. We’ll tell you straight whether it’s a job for us, for council, or for a conversation over the fence.

Frequently asked questions

How do I report an overhanging tree to council?

If the trunk is on the footpath, verge or in a park, lodge a tree maintenance request with your council online or by phone, with a wide photo and a close-up of the branch. In Brisbane, ring 07 3403 8888 or use the Report it form, and a council arborist inspects within 21 days. Give your details so you get a reference number.

What can I do about my neighbour's overhanging trees?

Talk to them first with a photo. You can cut branches back to the boundary from your side without damaging the tree. If branches hang more than 50 cm over the line and are under 2.5 m high, Queensland's Neighbourhood Disputes Act lets you serve a notice giving the owner 30 days to fix it, then mediation and QCAT if needed.

Can I complain about my neighbour's trees to council?

Not for overhanging branches on a private tree. Council deals with its own street and park trees and with protected vegetation. A neighbour's tree is a civil matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, handled through notices, mediation and QCAT.

Can I cut branches off a council tree myself?

Not without permission. Brisbane City Council treats trimming or interfering with a street or park tree as an offence unless you hold a permit. Owners can apply for a minor trimming permit for small branches over their own front fence, driveway or footpath. Anything bigger is council's job.

Who pays if a council tree damages my fence or car?

Report it to council with photos so they can assess the tree, but councils generally don't accept liability where your own insurance would normally cover the damage. Claim through your insurer, who can pursue council if there is a case.

Who deals with a tree growing into the powerlines?

Energex, not council. Energex trims trees near the street powerlines at no charge; report it to them. The service line to your house is the owner's responsibility and only authorised contractors can work near it. Untrained people must stay at least 3 metres away.