Making a Claim

You can make a claim against us for damage or loss if we are at fault or negligent. Claims should be made online. You must provide evidence to support your claim. We will assess your claim on its merits, based on the evidence you provide.

Before making a claim

  • Consider if you are eligible to make a claim. You may wish to seek legal/professional advice.

  • Gather evidence to support your claim. This could be photos, videos or reports from an independent 3rd party. We cannot assist you with this.

How to make a claim

Apply online

Once we have received your completed application:

  • you will receive an automated email acknowledging that we have received your claim

  • we will assess your claim and investigate the merits

  • we may need to contact you if we need more information

  • we will let you know the outcome of your claim in writing.

Claims can take some time to process. The length of time depends on the complexity of the case and the information you provide.

You can call us on 1300 581 299 for an update on the progress of your claim.

Eligibility

Accepting your form does not mean that we admit liability.

We will assess your claim on its merits, based on the evidence you provide and our own investigation.

We may accept your claim if:

  • you can prove that we are at fault or negligent

  • you have suffered a loss or damage as a result of our fault or negligence

  • our investigation supports your claim.

If a third party has caused damage to your property, we will not be able to help you.

There are specific rules for potholes, garbage trucks, sewer and storm water, trees, structures and fences.

Potholes and road hazards

You must show that we have been negligent. If we were not aware of a pothole or road hazard, we will not accept liability.

Transport for NSW are responsible for managing some of the roads in Bayside. We do not accept claims for roads managed by Transport for NSW.

Garbage Trucks

We use contractors to provide some waste services, including garbage collection.

You must refer any claims for loss or damage to our contractor. We can provide you with their contact details.

Sewer and Storm Water

Residents are responsible for maintaining and repairing a pipe system. Sydney Water provides information on how to care for your pipes.

This short video explains your responsibilities that come with tree roots affecting underground pipework that service your property.

You may be able to claim for damage caused by tree roots. Your evidence should include a report from a licensed plumber or other qualified service provider.

A report should include:

  • the name, address and contact information of the plumber undertaking the inspection

  • address of the property inspected

  • how the inspection was done and what was found

  • photos or videos, including footage of the sewer system. This should show the blockage and evidence of root ingress.

To avoid damage we recommend upgrading from terracotta pipes to PVC. The seals on old terracotta pipes wear away with time and allow tree roots to get in the pipe. Newer PVC pipes fitted by a licensed plumber provide much greater protection. Tree roots cannot enter well-constructed, sealed and sound PVC pipes with adequate flexibility.

Tree pruning

We are responsible for trees on nature strips, parks and public places. We assess trees yearly to make sure they are healthy and safe.

We prune trees to:

  • remove any dead, dying or dangerous branches

  • allow people and traffic to pass under the branches

  • allow enough space underneath branches where they are near buildings

  • improve their health

  • ensure they don’t block traffic signs.

We don't prune trees to:

  • allow or improve a view

  • reduce fruit or leaf fall, sap drop, bird droppings or similar

  • increase street lighting onto private property

  • break any law that is there to protect trees.

To report a tree issue, send us an email or call 1300 581 299.

Ausgrid are responsible for keeping a safe distance between trees and the electricity network. If a tree is touching, or close to, Ausgrid’s power lines, please make a hazard report or call 13 13 88.

Structures and fences on your property

You must provide evidence to show that our tree has damaged your structure or fence. We recommend you engage a professional (such as an arborist or engineer) to carry out an inspection and produce a report.

If you need to uncover tree roots to undertake the inspection:

  • call Dial Before You Dig on 1100 to locate any underground utilities

  • locate any private services such as water, gas, electricity and phone lines

  • avoid cutting and removing tree roots.

A report should include:

  • the name, address and contact information of the person undertaking the inspection

  • address of the property inspected

  • photos or videos, ensuring they include reference objects to show the scale of the damage

  • reference to the structure's integrity and standard of construction (including footings)

  • evidence to support your claim that our trees have damaged your structure or fence.

Need to contact us?

Call 1300 581 299 (weekdays 8:30am-4pm and Saturday 9am-1pm) or email council@bayside.nsw.gov.au