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Do I need a permit to clear vegetation?

If you want to clear vegetation from your property you may need a planning permit.

Specific exemptions apply in clause 52.12 of Victorian planning schemes. The exemptions allow you to clear vegetation around your property to create or maintain defendable space for bushfire protection without a planning permit.

The vegetation rules are outlined below.

If the exemptions do not apply to your land a permit may be required to clear vegetation. For information about planning permit requirements to clear vegetation contact your local council.

What is defendable space?

Defendable space is an area of land around a building where vegetation (fuel) is modified and managed to reduce the effects of bushfire attack.

Defendable space breaks up, reduces the amount of fuel available to burn during a bushfire, and separates the bushfire hazard/fuel (e.g. vegetation, flammable material) from a building. It helps create a more fire-ready property.

The rules

Drawing showing clearing vegetation distances from a house

Before you clear vegetation you should check if the rules apply to your property. You can create a free planning property report from VicPlan, the Victorian Government online planning maps.

This will tell you if your property is in a bushfire prone area, Bushfire Management Overlay (BMO) and what zone and other overlays apply.

VicPlan

Understand the bushfire planning controls

What vegetation do the rules apply to?

The exemptions apply to both native and non-native vegetation.

This exemption only applies to buildings located in an area designated as a bushfire prone area under the Building Act 1993 and used for accommodation, such as a house. The building must also be built before a certain date. It allows landowners and residents to clear any vegetation: within 10m of an existing building other than trees within 30m of an existing building.

10/30 rule rules and dates

The '10/30 rule' allows landowners and residents to clear any vegetation:

  • within 10 metres of an existing building
  • other than trees within 30 metres of an existing building.

The exemption only applies to buildings:

  • located in an area that is designated as a bushfire prone area under the Building Act 1993; and
  • used for accommodation, such as a house, that was:
    • constructed before 10 September 2009; or
    • approved by a planning permit or a building permit issued before 10 September 2009; or
    • constructed to replace a dwelling or dependent persons unit that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009.

If the building does not meet the dates above, then the exemption does not apply. A planning permit may be required to clear vegetation to create defendable space. For more information about planning permit requirements in your area contact your local council.

This exemption only applies to buildings located in the BMO and that are used for accommodation, such as a house. The building must also be built before a certain date. It allows a landowner and residents to clear any vegetation: within 10m of an existing building other than trees within 50m of an existing building.

10/50 rules and dates

The '10/50 rule' allows landowners and residents to clear any vegetation:

  • within 10 metres of an existing building
  • other than trees within 50 metres of an existing building.

The exemption only applies to buildings:

  • used for accommodation, such as a house
  • located in the Bushfire Management Overlay. The BMO is included in bushfire prone areas.

For the 10m rule the building must have been:

  • constructed before 10 September 2009; or
  • approved by a planning permit or a building permit issued before 10 September 2009; or
  • constructed to replace a dwelling or dependent persons unit that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009.

For the 50m rule the building must have been:

  • constructed before 10 September 2009; or
  • lawfully constructed without a planning permit before 19 November 2011;
  • approved by a planning permit or a building permit issued before 10 September 2009; or
  • constructed to replace a dwelling or dependent persons unit that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009.

If the building does not meet the dates above, then the exemption does not apply. A planning permit may be required to clear vegetation to create defendable space. For more information about planning permit requirements in your area contact your local council.

If a fence is built before 10 September 2009, landowners and residents are allowed to clear any vegetation for a maximum combined width of four metres along an existing property boundary fence. The fence line rule applies to areas designated as bushfire prone area under the Building Act 1993. The BMO is included in bushfire prone areas.

Constructed before 10 September 2009

If the fence was not constructed before 10 September 2009, then the exemption does not apply.  A planning permit may be required to clear vegetation along the fence line. For more information about planning permit requirements in your area contact your local council.

The clearing alongside both sides of the fence when combined must not exceed 4 metres in width, except where land has already been cleared 4 metres or more along one side of the fence, then up to 1 metre can be cleared along the other side of the fence.

Diagram of three blocks showing variations to fence line clearing rule: 1m on one side and 3m on the other side; 2m on either side; 4m on one side and 1m on the other

Before any vegetation is cleared from a neighbour's property, including roadside, parks and reserves, written permission must first be obtained from the landowner or land manager.

This exemption only applies to new dwellings and alterations or extensions to an existing dwelling in certain land use zones considered under the BMO. It facilitates the clearing of vegetation without the need for a planning permit and applies to the footprint of:

  • a new dwelling and the defendable space area
  • alternations and extensions to existing dwellings and the defendable space area.

The exemption does not require the application for a new dwelling or alteration or extension to an existing dwelling to be accompanied by a permit application to clear vegetation for:

  • the footprint of a new dwelling
  • the footprint of alteration or extensions to an existing dwelling
  • the creation of defendable space for the new dwelling
  • the creation of defendable space for an altered or extended building – the whole building, not just that part that is extended or altered.

For the exemption to apply the land must be in one of the following zones:

  • General Residential Zone
  • Residential Growth Zone
  • Neighbourhood Residential Zone
  • Urban Growth Zone
  • Low Density Residential Zone
  • Township Zone
  • Rural Living Zone
  • Farming Zone
  • Rural Activity Zone.

The exemption applies to outbuildings.  An outbuilding can include things like garages, carports, barns, gazebos, sheds, stables and storage. Contact your local council about what other structures are included as outbuildings.

Vegetation exemption for bushfire protection fact sheet

Covenants, landslide and resources

What if there are legal agreements or restrictions on title?

The exemptions do not apply to legal agreements or covenants that prohibit vegetation removal, destruction or lopping. If a legal agreement or covenant applies, it will be noted on your property tile.

To find out, obtain a recent copy of your property title through Land Use Victoria.

Legal agreements and covenants can be used to secure offsets for vegetation that has been permitted to be removed. Agreements are typically established under section 173 of the Planning and Environment Act 1987 or section 69 of the Conservation, Forests and Lands Act 1987. A covenant can also be applied to vegetation under section 3A of the Victorian Conservation Trust Act 1972.

If a section 173 agreement applies to vegetation you wish to remove, you will need to seek an amendment to this agreement with your local council.

Managing erosion and landslide risk

Vegetation plays an important role in reducing erosion and stabilising soil to minimise the risk of landslides. While you may be able to clear some vegetation around an existing building without council approval to create defendable space, you should consider landslide and erosion risk before you do.

For more information about the risk in your area contact your local council.

Page last updated: 07/07/23