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Claim compensation from the City of Sydney for property damage

We consider compensation claims for property damage where you can prove that the City of Sydney breached its duty of care and is legally liable to pay compensation.

Project Status: When you need to do this

You can submit your claim along with any supporting for us to consider in the assessment of your claim. Most claims investigations are completed within 6 weeks. We will contact you if more time or information is required.

It is important that you specify the exact location of your incident to confirm whether the incident occurred in the City of Sydney local area. Note, some areas of land in our local area are managed by other authorities. We will advise you if the property damage occurred in one of these areas outside our control and duty of care.

There is no automatic right to compensation. When we determine our legal liability to pay a claim, we consider relevant case law and legislation including the Civil Liability Act 2002 in our assessment.

What you need to do

  1. Prepare your compensation claim

    To submit a claim for property damage compensation you need to provide the following:

    • A written letter of demand which contains details of the incident, damage sustained to your property, reasons why you hold the City of Sydney responsible for the incident and the amount you are claiming in compensation.
    • Any photos showing the nature and extent of damage, as well as the cause of damage, if available.
    • Repair quotes. Please provide a minimum of 2 repair quotes.
    • Any other information or documents to support your claim.

    If your claim relates to motor vehicle damage, please also include:

    • Photos showing the extent of damage to the vehicle, as well as photos of the City of Sydney asset that caused the damage. For example, a tree or pothole.
    • Copy of registration papers for the vehicle. If you are not the registered owner, we require a signed authority from the registered owner allowing you to lodge the claim and act on their behalf.

    Please note, various roads throughout the Sydney metropolitan area are under the care and control of other authorities, such as Transport for NSW and Place Management NSW. We will advise you if it is determined your incident occurred in an area outside the City of Sydney’s care and control, or otherwise involves third party assets such as pit lids or construction works that are not maintained by the City of Sydney.

  2. Lodge your compensation claim

    Send your claim and supporting photos and documents by email to [email protected].

    Alternatively, you can post your claim letter and supporting photos and documents to:
    Risk Management
    City of Sydney
    GPO Box 1591
    Sydney NSW 2001

Street tree damage to private property

Review our fact sheets on trees and their effects on drains and pipes, and buildings and other structures.

Before you start

We investigate compensation claims to determine if the City of Sydney is liable for any wrongdoing or if it breached its duty of care. To be held liable it must be shown that the City of Sydney owed a duty of care, that it breached that duty and that this breach caused the incident resulting in the damage.

Liability is determined in line with legal principles, including current case law and legislation. Where applicable, the City of Sydney will rely on statutory protections under relevant legislation.

Usually legal liability will depend on several factors, including the location of the incident or ownership of a particular asset. The City of Sydney cannot accept liability for injury caused in a location outside its care and control, or by an asset it does not own or maintain.

When we investigate we will take photos, review City of Sydney records, and consult with relevant employees.

While we aim to complete our investigation within 6 weeks, several factors may impact this. For example, we may need to obtain further information from you or relevant information from internal and/or external stakeholders.

After you finish

Once we receive your compensation claim and we’ve completed our investigation, a decision will be made to accept or decline your claim based on relevant legal principles. In some circumstances, we may determine we are not the proper respondent to your claim. In this instance we may redirect you to the appropriate authority.

If we determine the City of Sydney is responsible for the property damage or loss suffered by you, we may offer compensation to you based on the evidence of loss that has been sustained. For this reason it is important to maintain relevant quotes, invoices and other documents confirming all expenses paid in response to the damage or loss suffered.

If we decide we are not responsible for your claim, we will decline your claim. If you are unhappy with the decision, you can request an internal review. Alternatively, you can contact the New South Wales Ombudsman or seek legal advice.