Hedges on or near property boundaries are one of the most common sources of neighbour disputes in Victoria. The rules around what you can trim, when you can do it, and who pays for it are set out in Victorian law — but the details are not commonly understood, which is why so many disputes end up at VCAT when they did not need to. This guide explains the legal position clearly and practically. For the practical side of what trimming actually costs, see our hedge trimming cost guide for Melbourne.
Who owns a hedge on the boundary?
In Victoria, ownership of a boundary hedge is determined by where the trunk or main stems are located. If the trunk sits on your side of the boundary, you own the hedge. If the trunk sits on your neighbour's side, they own it. If the trunk sits on the boundary line itself, the hedge is jointly owned. This distinction matters when it comes to who is responsible for maintenance and who can legally alter the hedge.
Your neighbour's right to trim branches that cross the boundary
Under Victorian law, a property owner has the right to trim branches and roots that encroach onto their property — back to the boundary line, but no further. This is a common law right. Practically speaking, your neighbour can cut any part of your hedge that crosses onto their property, at their own expense, and at their own risk. They do not need to give you notice before doing so, though neighbourly communication is obviously advisable.
The most important thing about boundary hedge disputes is how early people get onto them. A neighbour who mentions the overhanging branches once before going to VCAT after two years is not being unreasonable — they are being patient. Most disputes could be sorted with a conversation in year one.
The Neighbourhood Disputes Resolution Act and tree disputes
The Neighbourhood Disputes Resolution Act 2011 provides a formal framework for resolving disputes about trees and plants on or near boundaries. It applies when:
- A tree or plant is causing damage to property, infrastructure, or structures
- Branches or roots are encroaching significantly and affecting the enjoyment of the property
- The parties cannot resolve the matter directly
VCAT can make orders about trimming, removal, maintenance costs, and compensation under this Act. Most disputes that reach VCAT do so after informal resolution attempts have failed.
Prefer to leave the boundary disputes to someone else?
We deal with boundary hedges regularly and know what the rules say. Book a quote and we will sort it out.
Council rules on hedge height and maintenance
Individual Melbourne councils can have their own planning rules that affect hedge height, particularly for:
- Heritage-listed properties where hedges may form part of the heritage fabric
- Vegetation overlays that restrict removal of native or significant plants
- Traffic sight-line requirements that may set maximum heights near corners or driveways
If your property has an overlay or is heritage-listed, check with your council before undertaking significant hedge work. Most standard residential hedge trimming does not require council approval.
Hedges in Body Corporate and strata properties
For units, townhouses, and properties governed by an owners corporation, the rules on who maintains what are set by the owners corporation rules and lot boundary definitions. In many cases, the common area garden — including hedges along boundaries — is the responsibility of the owners corporation to maintain. Individual lot owners are generally not entitled to alter common area planting without owners corporation approval.
FAQ: Hedge trimming rules in Victoria
Can my neighbour cut my hedge without asking in Victoria?
Yes, but only the portion that crosses onto their property, back to the boundary line. They can do this at any time under common law rights. They cannot come onto your property to do it, they cannot cut beyond the boundary, and they cannot damage the plant in the process. If the hedge is jointly owned (trunk on the boundary), they would need your agreement for any work that affects the whole plant.
Can I force my neighbour to trim their hedge in Victoria?
If the hedge is encroaching on your property, damaging your property, or causing significant issues with light or enjoyment of your property, you can pursue a formal resolution through VCAT under the Neighbourhood Disputes Resolution Act. The first step is formal written notice to the neighbour. If that does not produce a result, VCAT can issue orders.
Is there a maximum hedge height in Melbourne?
There is no general state-wide maximum hedge height in Victoria. Individual councils may have restrictions in specific planning overlays. For most residential properties, a hedge can legally grow to any height — though this does not prevent a neighbour from using the Neighbourhood Disputes Act if the height is causing a genuine problem.
What happens to the clippings when a neighbour trims their side of a boundary hedge?
The person who trims is responsible for the clippings. If your neighbour trims the branches on their side, the clippings are their waste to deal with. They cannot return the cut material to your property. For the practical options for dealing with significant volumes of clippings, see our guide on what to do with hedge trimmings.
