Can I cut my hedge or the neighbour's tree in Austria?
Partly — on your side yes, on the neighbour's no. Under § 422 of the Civil Code you may remove roots growing into your soil and cut off branches overhanging into your airspace (the self-help right). But you may not enter the neighbour's land, climb the tree or lean a ladder against it — otherwise you risk a possession-disturbance claim. The cutting must be done carefully, so the tree isn't needlessly harmed. Note: municipal tree-protection rules and the close season for nesting birds (commonly around 1 March to 30 September/October) impose restrictions. In short: your part yes, but not over the boundary and not in the close season.
📋 The rules
- Cut overhanging branches on your side: allowed
- You may remove intruding roots
- Don't enter the neighbour's land or climb
- Cutting must be done carefully
- Mind the close season and tree protection
🔓 Exceptions
- Protected trees (tree-protection rules) need a permit
- The nature-protection close season bans radical cutting in spring/summer
- The cut material usually belongs to the neighbour
⚠️ Penalties & fines
If you enter the neighbour's land or climb the tree, you risk a possession-disturbance claim (civil). Removing a protected tree or cutting radically in the close season can bring administrative fines under provincial nature- or tree-protection law — often several hundred to thousands of euro, depending on the province. Beware a myth: "I can lop the neighbour's overhanging branches however and whenever I like" is false — you may only carefully remove what overhangs into your airspace, must stay on your own land, and must respect the close season and tree protection. Tip: talk to the neighbour first and check your province's close season.
📎 Official sources
- oesterreich.gv.at · nuisance from neighbours →
- Chamber of Labour Vienna · neighbour disputes →
- WKO · tree protection →
❓ Frequently asked
Can I cut overhanging branches?
Yes, under § 422 of the Civil Code you may cut branches that overhang into your airspace and remove roots growing into your soil. But you must do it carefully, stay on your own land and not needlessly harm the tree.
Can I step onto the neighbour's land to do it?
No. You may not enter the neighbour's land, climb the tree or lean a ladder against it. If you do, you risk a possession-disturbance claim. You may only remove what projects beyond your own boundary.
Is there a close season?
Yes. The provinces' nature-protection laws restrict radical hedge cutting during the bird-breeding season, often roughly from 1 March to the end of September or October. The exact dates differ by province, so check your province's rule.
Do I need a permit to fell a tree?
Possibly yes. Many municipalities, such as Vienna, have tree-protection rules that protect trees above a certain trunk circumference. Felling or heavy cutting then needs a permit, regardless of the self-help right under § 422 of the Civil Code.
Who owns the cut branches and fruit?
As a rule, the cut material — branches and fruit — remains the property of the neighbour who owns the tree. Before disposing of it, check whether the neighbour wants the material back, to avoid a dispute.
🔎 Common searches
What people search to land here:
- “cut hedge neighbour austria”
- “overhanging branches cut right austria”
- “§ 422 civil code roots branches”
- “close season hedge cutting austria”
- “fell tree permit municipality austria”
- “neighbour tree branches right 2026”