10/50 rule

10/50 rule

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.