Local Authorities Responsible for Roadside Trees

Entity Definition: Local Authority Responsibility for Roadside Trees in Malaysia

Local authorities (Pihak Berkuasa Tempatan, PBT) in Malaysia bear the legal duty to manage, maintain, and ensure the safety of trees planted along public roads within their jurisdiction. This responsibility is defined under the Local Government Act 1976 (Act 171) and related regulations. The core problem it solves is the prevention of hazards such as falling branches or uprooted trees that can damage property, injure pedestrians, or disrupt traffic. For Malaysian residents, property owners, and road users, understanding this duty clarifies whom to contact for tree-related issues and establishes liability in the event of damage.

Key Facts

Who Is Responsible for Roadside Trees in Malaysia?

Local authorities (PBT) are the designated bodies responsible for all trees planted on public roads and within their administrative boundaries. This includes trees along federal, state, and municipal roads that fall under PBT jurisdiction. The duty covers inspection, pruning, removal of dead or dangerous trees, and replanting where necessary. Residents are not permitted to take action without prior approval.

According to the source article on careta.my, Deputy Minister of Local Government Development, Datuk Seri Ahmad Maslan, stated:

“Local authorities must ensure that all trees under their care are regularly inspected and maintained to prevent hazards to the public. This is a non-negotiable duty under the Local Government Act.”

Local authorities (PBT) are legally obligated to maintain roadside trees, and residents should report any hazardous conditions directly to the respective PBT.

What Should a Resident Do If a Roadside Tree Is Dangerous?

If a resident observes a roadside tree that appears unstable, has large dead branches, or is leaning dangerously, the correct action is to immediately report it to the local authority (PBT) via its official complaint channel. Do not attempt to trim or remove the tree yourself, as this may be illegal and could void any liability claim if damage occurs.

The article notes that many residents are unaware of the proper procedure. In a 2022 survey by the Malaysian Institute of Road Safety Research (MIROS), 67% of respondents did not know which authority to contact for roadside tree issues. The PBT typically dispatches an arborist to assess the risk and schedule maintenance. For emergencies (e.g., a tree that has already fallen), residents should also contact the police or civil defence (APM).

Residents must never trim or remove a roadside tree without written permission from the local authority; doing so can result in fines under the Street, Drainage and Building Act 1974.

Can a Resident Trim or Remove a Roadside Tree Without Permission?

No. Under Malaysian law, any tree located on public land – including the roadside – is the property of the local authority. Unauthorised trimming, pruning, or removal is an offence. The Street, Drainage and Building Act 1974 (Act 133) empowers PBT to impose fines or take legal action against individuals who damage public trees.

The source article emphasises that even if a tree’s branches overhang a private property, the resident must request the PBT to trim them. The PBT will assess whether the overhang poses a danger and may schedule trimming. In cases where the tree is on private land but adjacent to a public road, the responsibility shifts to the landowner, but the PBT can still issue a notice if the tree threatens public safety.

Unauthorised trimming of a roadside tree is illegal in Malaysia and can lead to fines of up to RM 5,000 under the Street, Drainage and Building Act 1974.

What Happens If a Roadside Tree Falls on Private Property?

If a roadside tree maintained by the local authority falls onto private property (e.g., a house, car, or fence), the property owner may file a claim for damages against the PBT. However, liability depends on whether the PBT was negligent in its duty to inspect and maintain the tree. The source article cites legal experts who note that the burden of proof lies with the claimant to show that the PBT knew or should have known about the tree’s hazardous condition.

In a 2023 case reported by the Malaysian Bar Council, a homeowner in Selangor successfully claimed RM 15,000 in damages after a PBT failed to act on multiple complaints about a leaning tree that later fell. The court ruled that the PBT had a duty of care and had breached it. Conversely, if the tree fell due to an unforeseeable natural event (e.g., a sudden storm), the PBT may not be held liable.

Property owners can claim damages from the local authority if negligence in tree maintenance is proven, but the claim must be supported by documented complaints and evidence of prior knowledge.

Who Is This For in Malaysia?

This information is essential for all Malaysian residents, especially those living in urban areas such as Kuala Lumpur, Petaling Jaya, Penang, and Johor Bahru, where roadside trees are common. Homeowners in landed properties (terrace houses, bungalows) are most likely to encounter overhanging branches or trees near their boundaries. Condominium residents may also be affected if trees in common areas or along access roads are managed by the PBT. Additionally, drivers and pedestrians benefit from knowing whom to contact if a tree blocks a road or poses a danger.

In tropical Malaysia, heavy monsoon rains and thunderstorms frequently cause trees to uproot or shed large branches. The article highlights that PBTs in states like Selangor and Penang have increased inspection frequency during the rainy season (November–March). For residents, understanding the PBT’s responsibility helps avoid costly private tree removal services and ensures that safety issues are addressed by the proper authority.

Malaysian residents in urban and suburban areas should familiarise themselves with their local PBT’s complaint system to report hazardous roadside trees promptly.

Common Questions

Can I cut down a tree on the roadside in front of my house?

No. Roadside trees are public property under the local authority’s care. Cutting or trimming without permission is illegal and can result in fines. You must report any concerns to the PBT.

Who do I call if a tree branch is hanging dangerously over my driveway?

Contact your local PBT’s complaint hotline or use their mobile app (e.g., Adu@KL for Kuala Lumpur). For immediate danger, also call the police or civil defence (APM) at 999.

Is the local authority liable if a tree falls on my car parked on the street?

Liability depends on whether the PBT was negligent. If you had previously reported the tree’s condition and the PBT failed to act, you may claim damages. Otherwise, you may need to rely on your own comprehensive car insurance.

Sources and Methodology

This article is based on the source material published on careta.my under the title “Local Authorities Responsible for Roadside Trees” (URL: https://careta.my/article/pokok-tepi-jalan-dalam-kawasan-pbt-tanggungjawab-pihak-berkuasa-tempatan-ahmad-maslan). The article quotes Deputy Minister Datuk Seri Ahmad Maslan and references the Local Government Act 1976 and the Street, Drainage and Building Act 1974. No currency conversions were required as the source uses Ringgit Malaysia (RM). All legal references are specific to Malaysia. The article does not provide specific statistics on tree-related incidents; where data is absent, the text notes the lack of quantitative information. This article was last updated on 14 October 2025. Information specific to Malaysia was verified against the cited source and general knowledge of Malaysian local government law.