Buying Property in Victoria? Don’t Ignore the Tree or Fence Next Door

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It’s easy to fall in love with a house or block when you’re standing in the front yard with a brochure in hand. But before you bid or sign, stop and take a proper look at what’s next door—because that big gum tree or old timber fence on the boundary might carry a heritage listing or planning overlay that affects your land and what you can do with it.

At Victorian Property Settlements, we’ve seen too many buyers caught out after purchase, only to find they can’t build the carport, extension or new home they’d planned—because of something growing (or standing) on the neighbour’s property.

Here’s what you need to know.

A Neighbour’s Tree Could Affect Your Plans

In Victoria, a tree on the next block might be protected under a Heritage Overlay, Vegetation Protection Overlay, or even the Aboriginal Heritage Act 2006 (Vic). These protections can:

  • Prevent you from building too close

  • Require you to modify foundations to avoid roots

  • Stop you from digging or excavating within the Tree Protection Zone (TPZ)

And this is where it catches buyers out:

The TPZ is often measured as 12× the trunk diameter, which can mean several metres of your own block becomes a no-go zone. Even worse, if the tree is mature, the drip line—where the canopy ends—might already be hanging over the very home you’re looking to buy.

If your future plans involve renovations, new footings, basement excavation, or extensions, these protections can make it hard or even impossible to get a permit. In some cases, council will refuse the application outright.

Don’t Forget Fences and Other Heritage Structures

Fences, gates, retaining walls, and even old sheds can be covered by a Heritage Overlay if they form part of the neighbouring property’s heritage significance.

If you're planning to remove a shared fence or build right up to the boundary, you might be forced to:

  • Keep the fence intact

  • Match historic styles and materials

  • Set back your construction

  • Submit a Heritage Impact Statement as part of your planning permit application

And all this—even if the fence isn’t yours.

What to Do Before You Buy or Bid

If you have any future plans—renovating, subdividing, extending, or rebuilding—take these steps early:

  1. Check the Planning Maps
    Use VicPlan to review both your block and the neighbouring properties. Look for Heritage Overlays, Vegetation Protection Overlays or Environmental Significance Overlays.

  2. Assess Tree Impact Zones Properly
    Don’t just measure from the trunk. If the drip line or root zone of a tree next door already extends over the house or land you want to build on, you may need a permit just to do minor works. You could also be forced to protect that tree at your cost.

  3. Review Council Heritage Reports
    Councils often have detailed citations that explain what parts of a neighbouring property are significant. These may refer to fences, gardens, or even particular views that must be preserved.

  4. Add Proper Contract Conditions
    We can draft clauses that let you investigate overlays and heritage issues after signing—and walk away if they’re going to be too restrictive or expensive.

Don’t Let Next Door’s Problems Become Yours

Buying a house or land is a big decision, and it’s easy to miss the planning traps hiding just beyond your fence line. A neighbour’s heritage-protected tree or fence can quietly kill your future plans—unless you take the time to investigate and prepare before you sign or bid.

At Victorian Property Settlements, we help you identify these risks early, draft protective clauses into the contract, and make sure you know exactly what you’re buying.

Victorian Property Settlements – Trusted for over 25 years by Victorian buyers and sellers.
Visit: www.victorianpropertysettlements.com.au