Property Manager's Guide to Tree Risk Compliance in NSW

If you manage residential or commercial property in NSW, trees on those properties are your responsibility — and that responsibility extends further than many property managers realise. A tree that fails and injures someone or damages property can create serious legal and financial consequences for the property owner and, depending on the circumstances, for the managing agent as well.

This guide covers what you need to know about tree risk compliance in NSW, and how to protect your owners, your tenants, and yourself.

Your Duty of Care

Under Australian negligence law, property owners (and by extension, their managing agents) have a duty of care to take reasonable steps to prevent foreseeable harm. A tree that is visibly dead, has large hanging branches, or shows obvious signs of structural failure is a foreseeable hazard. If that tree fails and causes injury or property damage, and it can be shown that the hazard was known or should have been known, there is a liability exposure.

The key phrase is "reasonable steps." You are not expected to be an arborist. You are expected to:

- Be aware of the trees on properties you manage
- Recognise obvious hazard indicators
- Arrange professional inspections at reasonable intervals
- Act on the recommendations of qualified arborists
- Document everything

What to Look For

You do not need to be an expert to spot the most common warning signs during routine property inspections. Add these checks to your inspection process:

Dead branches. Look up. Are there branches with no leaves (in growing season), peeling bark, or a different colour to surrounding healthy branches? Dead branches fall without warning.

Leaning trees. Has a tree's lean changed since your last inspection? Is there soil heaving at the base? A sudden lean change suggests root failure.

Fungal growth. Mushrooms or bracket fungi at the base of a tree or on the trunk indicate internal decay.

Trunk damage. Cracks, splits, cavities, or missing bark on the trunk are structural concerns.

Root damage. Has any construction, trenching, or landscaping occurred near the tree? Root damage can take years to manifest but can result in catastrophic failure.

Proximity to targets. Which trees are over buildings, carparks, walkways, play areas, or fences? These are your highest-risk trees because the consequences of failure are greatest.

Recommended Inspection Schedule

For managed properties with significant trees, I recommend the following inspection schedule:

Monthly visual checks during routine property inspections. Walk the property, look up into the canopy, check tree bases. Note anything that looks different from last time.

Annual professional arborist inspection for properties with large or mature trees, trees near buildings, or a history of tree-related issues. The arborist provides a written report you can keep on file.

Post-storm inspections after any significant weather event. Storms can create new hazards that were not there the day before.

Event-triggered inspections after any construction, excavation, or landscaping work within the drip line of trees on the property.

Documentation Is Your Protection

In a liability claim, the question will be: did you know about the hazard, and what did you do about it? Good documentation answers both questions in your favour.

Keep records of:

- Every property inspection where trees were checked, including the date, what was observed, and photos
- Every arborist report and recommendation
- Every action taken in response to recommendations, including dates and contractor details
- Any tenant or owner reports about tree concerns, and your response

If you identified a hazard, engaged a qualified arborist, followed their recommendations, and documented the process, you have demonstrated that you took reasonable steps. That is your strongest position.

Working With an Arborist

When engaging an arborist for managed properties, look for:

- Minimum AQF Level 3 qualification in arboriculture
- Current public liability insurance (ask for a certificate of currency)
- Workers compensation insurance for their team
- Written reports with clear recommendations and timeframes
- Experience with managed properties — understanding of body corporate processes, access arrangements, and compliance requirements

At Certified Tree Service, we work with property managers across the Central Coast, Newcastle, and Sydney. We provide clear written reports, certificates of currency, and detailed quotes that are ready for owner or committee approval. Daymian understands the compliance landscape and can help you build a defensible tree management program.

Strata and Body Corporate Properties

Strata properties have additional layers of complexity. Tree work on common property typically requires committee or body corporate approval before it can proceed. This means lead times are longer, so early identification of issues is even more important.

We recommend strata managers maintain a tree register — a simple document listing every significant tree on common property, its location, condition, and last inspection date. This makes it easy to track what needs attention and demonstrate ongoing management.

Take Action Now

If you manage properties with trees and do not currently have an inspection and documentation process in place, start today. A simple walkthrough with photos is better than nothing. And if you want a professional baseline assessment, contact Certified Tree Service to arrange a site inspection. We will assess every tree on the property and provide a written report you can use immediately.

Prevention is always cheaper than a claim. Call us on 0432 687 647.