What distance must trees and hedges keep from the boundary?
Depends on the state and plant height. How close you may set trees, shrubs and hedges to the boundary is set by the federal states' neighbour-law acts — there's no uniform federal rule. Common is a graduation by height: low hedges/shrubs often from 0.25–0.5 m, taller shrubs and small trees 1–2 m, large trees partly 2–4 m distance. It's usually measured from the centre of the trunk/plant to the boundary. The local development plan or a tree-protection by-law may apply on top. When in doubt, check your state's neighbour law or ask the building office.
📋 The rules
- Boundary distances are set by the states' neighbour-law acts
- Graduation by height: often 0.25–0.5 m (low) to 2–4 m (large trees)
- Usually measured from the centre of the plant to the boundary
- Development plan/tree-protection by-law may apply additionally
- The neighbour's removal claim often lapses after a few years
🔓 Exceptions
- With the neighbour's consent a smaller distance is also possible
- Plants behind a wall/fence above a certain height can be exempt
- Agricultural and forestry land has its own distance rules
⚠️ Penalties & fines
If you undercut the boundary distance, the neighbour can demand cutting back to the permitted size or removal of the plant — as long as their claim isn't time-barred (depending on the state, often after five years from reaching the permitted height). You then bear the cost. Also mind the closed season (1 Mar–30 Sep) and any tree-protection by-law. In many states a conciliation procedure is mandatory before a lawsuit.
📎 Official sources
- Nachbarrecht.com · Boundary distance for trees, hedges & shrubs →
- Bußgeldkatalog · Garden & neighbour law →
- § 39 BNatSchG · Closed season for hedges/woody plants →
❓ Frequently asked
How close to the boundary may I plant?
It depends on the state and the plant's height. Low hedges may often go as close as 0.25 to 0.5 m, taller shrubs and small trees need 1 to 2 m, large trees partly 2 to 4 m. Your state's neighbour-law act is decisive.
How is the distance measured?
Usually from the centre of the trunk or plant to the boundary. The expected height of the mature plant also matters, not just the height when planted.
What can the neighbour demand?
For too small a distance, cutting back to the permitted size or removal — at your cost. But this claim often lapses after a few years, in many states five years after the plant exceeded the permitted height.
Does it also apply to a hedge?
Yes. Living hedges are also subject to the neighbour law's distance and height rules. In addition, the closed season from 1 March to 30 September applies to cutting back — then only gentle shaping and maintenance cuts are allowed.
What if the trees have stood for a long time?
Then the removal claim may be time-barred. In many states it lapses some years after the plant exceeded the permitted height. Overhanging branches you may cut back yourself after setting a deadline, regardless.
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