Can I cut the neighbour's branches that hang over my property in Malta?
Not automatic — even if the branches hang over you, you often cannot simply cut them yourself. Two laws work together. First, under the Civil Code (Cap. 16), if a neighbour's branches or roots encroach or cause damage, you have a civil remedy — but the route is to ask the neighbour to deal with it or to go to court, which appoints a perit, not to secretly cut the tree down. Second, and more importantly, under the Trees and Woodlands (Protection) Regulations (ERA) around 90 species are protected: some can never be removed, and mature trees over 50 years old in urban areas are protected whatever the species. The myth: that "it's a tree, and the branches are over me, so I'll cut it however I like" — for many trees you need an ERA permit even to prune, and cutting without one is an offence carrying fines.
📋 The rules
- Under Cap. 16, a neighbour's branches or roots that encroach or cause damage give you a civil remedy, but not a right to fell the tree with your own hands.
- Around 90 species of trees are protected under the Trees and Woodlands (Protection) Regulations enforced by the ERA.
- Some trees are protected everywhere and can never be removed; others may be removed only with an ERA permit.
- Mature trees over 50 years old in urban, public or open spaces are protected regardless of species.
- Even pruning or cutting branches of a protected tree generally needs an ERA permit, not just full uprooting.
🔓 Exceptions
- Unprotected species and small, non-mature trees in a private garden can generally be planted or removed without an ERA permit.
- In case of immediate danger (e.g. a tree about to fall), urgent action can be taken, but you must inform and regularise with the ERA.
- Where branches cause real and serious damage, the court can order pruning or removal — the decision stays with the authorities, not with you alone.
⚠️ Penalties & fines
Anyone who cuts or lops a protected tree without a permit risks action by the ERA and fines that increased substantially in the latest regulations, especially where the intervention leads to the total destruction of the tree. The ERA can also require replacement planting or remedial measures, and the case can end up in court. On the civil side, if you cut the neighbour's branches or roots without a right and damage the tree, the neighbour can claim compensation. Conversely, if the neighbour ignores branches or roots causing genuine damage to your house or drainage, you can bring a claim and seek a remedy. The practical tip: before you touch a tree — even one that overhangs you — check with the ERA whether it is protected, and act in writing, because the fine and the obligation to replant can be higher than the inconvenience.
📎 Official sources
- ERA · Trees and Woodlands (Protection) Regulations →
- Legislation Malta · Civil Code (Cap. 16) — relations between neighbours →
- Servizz.gov.mt · permit for intervention on protected trees →
❓ Frequently asked
The neighbour's branches are over my roof — can I cut them?
Not automatically: if the tree is protected, even pruning the branches may need an ERA permit. It is best to ask the neighbour to adjust the tree or to obtain a permit, because cutting without authorisation can be an offence carrying fines.
How do I know if a tree is protected in Malta?
Around 90 species are protected, and mature trees over 50 years old in urban areas are protected whatever the species. If you are not sure, it is best to check with the ERA before any intervention, because the burden of knowing falls on you.
The neighbour's roots are cracking my wall — what do I do?
You have a civil remedy under Cap. 16 if the roots cause real damage to your property. Gather evidence of the damage and, if talking to the neighbour fails, you can bring the case to court, which appoints a perit to assess it.
Can I cut down a tree in my own garden as I like?
Not always: if it is a protected species or a mature tree in a covered area, you need an ERA permit even in your own garden. Common species and small non-mature trees can generally be removed without a permit, but in case of doubt check first.
What is the fine if I cut a protected tree without a permit?
Fines increased in the latest regulations and are higher where the cutting leads to total destruction of the tree. Beyond the fine, the ERA can order you to plant replacement trees, so the total cost can be considerable.
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