Cutting Down a Tree in Johor: Permits, Neighbours’ Trees and Roots (2026)

中文 · Bahasa Melayu · Bahasa Indonesia

By Jason Lim, REN 84424 · IQI Realty · Checked on 15 November 2026

This guide is for landed home owners and buyers in Johor Bahru, including owners abroad, who want to cut down or prune a tree or have a problem with a neighbour’s tree. The short answer: a tree in your own garden with a trunk girth above 0.8 metre, or any tree under a tree preservation order, needs your council’s written permission before you fell it, even on private land. Smaller trees generally do not, and branches or roots crossing your boundary are usually settled with the neighbour first.

Do you need a permit to cut a tree on your own land?

A tree inside your fence is not always yours to remove. Part VA of the Town and Country Planning Act 1976 (Act 172), which applies in Peninsular Malaysia including Johor, gives the local planning authority (pihak berkuasa perancang tempatan), in practice your city or municipal council, two tools to protect trees:

Situation	Council permission needed?	Legal basis and maximum penalty
Any tree covered by a tree preservation order (perintah pemeliharaan pokok)	Yes, written permission, whatever the size	Section 35A. Up to RM100,000, six months’ jail, or both
Tree with a girth over 0.8 metre, no preservation order	Yes, written permission	Section 35H. Up to RM10,000, three months’ jail, or both
Smaller tree, no preservation order, no planning condition	Generally no planning permission	Check any conditions on your estate’s planning approval
Dead or dying tree, or felling to prevent imminent danger	Exempt from the permission requirement	Exceptions in sections 35A and 35H; keep evidence
Tree on a road reserve, drain reserve or other public land	Not yours to cut	Report it to the council

Councils can also attach tree conditions to a development approval (section 22(5)(f)), so in an estate that kept trees from the original land, ask whether one applies to your lot.

How to measure girth

Girth is the distance around the trunk, measured half a metre above the ground, or above the buttress for trees with buttress roots. A girth of 0.8 metre equals a trunk about 25 cm across, so a mature garden tree can easily pass it. If the reading is close, ask the council.

Pruning can count as felling

Section 2 of Act 172 defines felling to include cutting down, topping, lopping, uprooting, damaging or destroying a tree. On a strict reading, topping a big tree or lopping its main limbs can need the same permission as removing it. Light trimming to clear a roof or gutter is a different matter, but ask before major cutting on a tree above 0.8 metre girth.

Dead, dying or dangerous trees

Permission is not needed for a dead or dying tree, felling to prevent imminent danger, or felling another law requires. You may have to show this later, so take dated photos of the rot, cracks or lean and, where you can, keep an arborist’s written assessment. If a tree is about to fall onto a road or house, call 999 first.

How to ask your council for permission

I could not find a published form or fee schedule for private tree felling from MBJB or MBIP, so expect the process to vary by council. MBJB handles trees through its Jabatan Landskap (Landscape Department) and an arboriculture unit (MBJB documents; The Star, June 2024). A typical request:

1. Identify your council: MBJB, MBIP, MBPG or MPKu; see my guide to Johor Bahru’s local councils.
2. Write to the landscape department with the address, lot number, owner’s name, species if known, girth and reason.
3. Attach evidence: photos of the tree and the problem, a site sketch, proof of ownership such as an assessment bill, and an arborist’s report for large trees.
4. Allow for an inspection. The council may ask for pruning instead, or replacement planting (section 35E).
5. Get the approval in writing before work starts and keep it with your property documents.

Trees outside your house: road reserves, drains and power lines

The big tree outside your gate is usually on the road reserve, which is the council’s. Councils look after trees on public land and owners look after trees on private lots; as Seremban’s mayor put it, a council cannot simply enter private land, though it acts in emergencies (Utusan Malaysia, 19 February 2026).

• Report, don’t cut. Leaning street trees, dead branches and roots lifting drains go to the council. MyAduan Johor has covered MBJB, MBIP, MBPG and MPKu since 1 April 2026 and lets you track complaints (The Star, September 2026).
• Power lines and emergencies. Never trim branches touching overhead lines; report them to TNB. A fallen tree on a road, car or house is a 999 call for the Fire and Rescue Department (Bomba).
• Drains. Roots in a drain outside your house are a council matter; inside your compound they are yours. See blocked drains on landed homes in the monsoon.

MBJB said in June 2024 that more than 200 trees in its area were over 40 years old and treated as heritage trees, and planned to bring in consulting arborists to inspect them (The Star, 5 June 2024).

Your neighbour’s tree: branches, roots and leaves

Most tree disputes are about a neighbour’s tree. Malaysian courts apply English common-law principles on nuisance through section 3 of the Civil Law Act 1956, and the general position is:

• You may cut back to the boundary. Branches and roots crossing onto your land can generally be cut back to the boundary, from your side.
• The cuttings are theirs. Offer them back or agree on disposal.
• Don’t kill the tree. Cutting so much that the tree dies or becomes unstable can make you liable, and if the tree is over 0.8 metre girth or under a preservation order, heavy cutting may need council permission.
• Damage claims are civil. The tree owner may be liable for damage, especially if the risk was known. Keep photos and written messages.

Problem	First step	If it continues
Leaves blocking your gutters	Friendly request; agree a trimming schedule	Mediation through the residents’ association or management
Branches over your roof or car porch	Ask the neighbour to trim, or trim to the boundary from your side	Council if the tree is dangerous; lawyer for damage
Roots lifting your drain, path or wall	Photos; written note to the neighbour	Engineer’s report; council for public drains; lawyer for damage
Dead or leaning tree next door	Written note with photos	Council; 999 if it is about to fall

My guide to neighbour and boundary disputes covers mediation and surveyors, and the guide to boundary walls and fences covers rebuilding a wall after root damage.

When roots damage walls, drains or foundations

Roots follow water, so they find leaking drains, pipes and cracked slabs. Before cutting a large root:

• Find the real cause. Settlement and poor drainage also crack walls; my guide to cracks in walls explains which cracks need a professional.
• Get a professional engineer for cracks in structural walls or a leaning boundary wall. Cutting big roots on one side can destabilise the tree.
• Check the pipes. Roots inside pipes usually mean a joint is already leaking; see plumbing problems in older homes.
• Check your insurance. Policies often treat a tree falling in a storm differently from gradual root damage; read the wording. My home insurance guide covers the basics.

In a terrace row, root damage to a shared wall affects both houses; my party wall guide explains who usually pays.

Gated estates and landed strata

In a gated scheme on landed strata title, trees in common areas are common property, so the management body prunes or fells them from maintenance charges; raise problems in writing. Trees inside your parcel are generally yours, but by-laws or design guidelines may limit what you remove, and the council’s rules still apply. A residents’ association on individual titles can coordinate but has no legal power over your lot. See my guide to gated and guarded homes.

Monsoon season: trees and safety

The north-east monsoon, usually from November to March, brings heavy rain and gusty storms. Nationwide, the Fire and Rescue Department handled 5,232 fallen-tree cases in 2024 and 3,245 from January to September 2025, about 12 a day (The Star, 25 October 2025). Its advice to owners, in short:

• Trim branches near roofs, windows and power lines before the rains, within the rules above.
• Watch for a new lean, trunk cracks, fungus at the base or roots lifting.
• Report unstable trees on public land early, and stay indoors in strong wind.

Leaf-filled gutters overflow into ceilings and hold water where Aedes mosquitoes breed; see my guides to roof leaks and dengue prevention.

Buying a house with big trees: what to check

Mature trees give shade and privacy, but they also bring upkeep. When I show landed homes, I check these points with buyers:

• Distance to the house. Large trees close to walls, the porch slab or sewer line deserve a look for cracks and lifted tiles.
• Whose tree it is. A title search and the lot plan show the boundary.
• Girth. If it is above 0.8 metre and you plan to remove it for an extension, pool or car porch, budget time for council permission, and see my renovation permit guide.
• Signs of past problems. Patched cracks, a rebuilt wall section or fresh stumps. Ask the seller what was done; my list of questions to ask at a subsale viewing helps.
• Slopes. On hillside lots, removing trees can affect slope stability; see hillside homes.

If you are planting, keep large trees well away from walls and pipes. Corner lots have more room for trees; my corner lot guide compares them. For a full pre-purchase check, see my subsale house inspection guide.

Where to buy if this matters to you

• Tebrau, Setia Indah and Molek: established estates with many mature trees.
• Skudai, Tampoi and Kempas: older terraces and semi-Ds where roots and drains need checking.
• Mount Austin: newer landed estates with younger landscaping.
• Iskandar Puteri: planned townships, many gated, where management maintains common trees.
• Bukit Indah and Gelang Patah: gated landed estates near the Second Link.
• Permas Jaya and Senibong: older landed homes and newer waterfront schemes.
• Kulai and Senai: landed homes under MPKu for buyers wanting garden space.

Compare areas on my JB property map.

More Johor living guides: Neighbour and boundary disputes · Snakes, monkeys and stray animals at home · Landed home running costs in JB · Flood risk in Johor Bahru

Frequently asked questions

Do I need a permit to cut down a tree in my own garden in Johor?

Only for some trees. Under section 35H of the Town and Country Planning Act 1976, you need the council’s written permission to fell a tree with a girth over 0.8 metre, measured half a metre above the ground, and any tree under a tree preservation order is protected whatever its size. Smaller trees without an order generally need no planning permission.

What is the fine for cutting a protected tree without permission?

Under Act 172, felling a tree with a girth over 0.8 metre without permission can mean a fine of up to RM10,000, up to three months’ jail, or both. Breaching a tree preservation order carries up to RM100,000, up to six months’ jail, or both. In July 2024 a Kuantan court fined a man RM4,000 under section 35H.

Does pruning count as felling under the law?

It can. Act 172 defines felling to include topping, lopping, uprooting and damaging a tree, so heavy cutting of a large tree may need permission. Ask the council before major work on a big tree.

Can I cut my neighbour’s branches or roots that cross into my land?

As a general common-law principle, you may cut back branches and roots that cross onto your land, up to the boundary, without entering the neighbour’s land. Talk to your neighbour first, don’t harm the tree as a whole, and check with the council if the tree is large or protected.

Who is responsible for a tree outside my house on the road reserve?

The council. Don’t cut it yourself. Report leaning trees, broken branches or roots lifting drains through MyAduan Johor in the MBJB, MBIP, MBPG and MPKu areas, and call 999 if a fallen tree is an emergency.

What should I do if tree roots crack my wall or block my drain?

Take dated photos, find out whose tree it is and tell the owner or the council in writing. For cracks near foundations or boundary walls, get a professional engineer to inspect before cutting large roots, and check what your home insurance covers.

Looking at a landed home with big trees?

Tell me the area, your budget and the kind of house you want. When we view, I point out large trees near the house and roots near walls and drains, and ask the seller about past tree work. You can also book an appointment for viewings, or a Zoom consultation if you are still abroad.

Sources: Attorney General’s Chambers, Laws of Malaysia: Town and Country Planning Act 1976 (Act 172), sections 2, 22(5)(f), 35A, 35E and 35H, and Civil Law Act 1956 (Act 67), section 3, checked November 2026; Town and Country Planning Act 1976 (Act 172), reprint as at 1 June 2021, published by the Penang state planning department, checked November 2026; The Sun, “Man fined RM4k for cutting down 50-year-old heritage tree in Kuantan”, 5 July 2024; Planning Malaysia: Journal of the Malaysian Institute of Planners, Vol. 17 Issue 2, awareness of tree preservation orders under Act 172, 2019; Utusan Malaysia, “Pokok jadi ‘ancaman’ utama masyarakat bandar”, 19 February 2026; The Star, “Over 200 heritage trees in JB”, 5 June 2024; The Star, “Trees turn deadly in monsoon” (Fire and Rescue Department figures), 25 October 2025; The Star, “Johor steps up complaint handling” (MyAduan Johor), 28 September 2026; The Star, “MyAduan Johor to include more councils by Q2 2026”, 23 December 2025; Majlis Bandaraya Johor Bahru, Jabatan Landskap, landscape plan approval requirements, checked November 2026

Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 15 November 2026 from the dated sources listed above; not legal or engineering advice. Council procedures and fees vary and laws are amended; confirm with your local council, a qualified arborist, a professional engineer or a lawyer before you cut, and talk to your neighbour first.