ACT Whose responsibility to remove the tree?

[Vivian D]

I bought a townhouse in Canberra around 10 years ago and there was a really tall tree (over 20 meters) in the backyard. The tree is likely to be there before they built the complex.


Recently the body corporate has contact me to remove the tree as they received a few complaints from my neighbours that the root from the tree has pushed their paves up and they worried the root might damage the foundation of their houses.


It is a populus nigra “Italia” (Lombardy Poplar), listed on the Pest Plants and Animals (Pest Plants) Declaration 2009, therefore not protected.


A few tree companies had a look the tree and they all believe the tree is healthy. However, if we decide to remove the tree it would cost over $10k due to its size and limit access.


Someone in another forum mentioned ‘While you may own the backyard, the airspace above a certain height may be common property. If this is the case the strata plan will say "Backyard limited in height to X metres above and in depth X metres below it's respective floor level.’ However, it is a NSW forum and my body corporate said they don’t have a strata plan, we are managed under Unit title management act - class B complex.


My question is do I have to remove the tree? Do I have to pay for the full cost? Or if body corporate can fund part of it? Or would insurance pay part of the cost?


Thanks.

 

[Scruff]

Something else to consider is that you usually need council permission to remove trees - and they are inclined not to grant permission if the tree is healthy.

 

[Vivian D]

Something else to consider is that you usually need council permission to remove trees - and they are inclined not to grant permission if the tree is healthy.

Thanks Scruff. Good point. We have received advice from ACT Government that the tree is not protected and no approval is needed to remove tree.