Green gardens with hedges and trees are a dream for many property owners. But what seems idyllic can quickly become a legal problem – for example if neighbors feel disturbed or there is a threat of danger. An overview of the most important regulations helps to avoid disputes and high fines.
Border distances: Each federal state has its own rules
German garden law does not have uniform federal regulations for boundary distances – instead, each federal state regulates the minimum distances to neighboring properties individually. As the 2025 catalog of fines explains, the distances are usually based on the height of the plants and their species. In Bavaria, for example, trees, bushes and hedges up to a height of two meters may not be planted closer than 50 centimeters to the property boundary. Plants that grow taller than two meters must maintain a distance of at least two meters from the border.
Things get more complicated in other federal states: In Baden-Württemberg, North Rhine-Westphalia and Hesse, the laws differentiate between different tree species. How T Online reports, strong-growing trees such as linden trees in Hesse must be planted at least four meters from the property line, while a silver birch only needs two meters away. Depending on the variety, ornamental shrubs and berry fruit bushes may be between one meter and 50 centimeters close to neighboring property.
Hedge height and time restrictions when pruning
There is often a lack of clarity when it comes to hedge height, as many garden owners assume that there are uniform height limits. However, as the Federal Court of Justice has made clear, there is no general height limit for hedges in state neighboring law. What is more important is the distance to the border that is maintained and the respective state regulations. In Schleswig-Holstein, for example, the following applies: a fixed limit distance must only be maintained from a height of 1.20 meters – this then amounts to a third of the final height.
Time restrictions when trimming hedges are particularly important. As Web.de reports, citing Stephen Paul from the German Real Estate Association, major interventions are generally prohibited between March 1st and September 30th. During this period, only gentle care and shape cuts may be carried out to protect breeding birds and other animals. This regulation applies nationwide and has no exceptions, even if property boundaries are not adhered to. Anyone who violates these regulations must expect severe fines.
Tree felling: permits and high fines
If you want to cut down a tree, you should thoroughly find out about the legal requirements in advance. As the 2025 catalog of fines warns, unauthorized tree felling can be punished with fines of between 50 and 50,000 euros. As a rule of thumb, trees with a trunk circumference of 80 centimeters or more, measured one meter above the ground, are protected in most municipalities and may not be felled without permission.
The permit requirement is based on the local tree protection regulations, which each municipality specifies individually. As Generali explains, this regulates, among other things, the height, age and trunk circumference from which trees are protected and whether certain tree species enjoy special protection. A tree felling permit must be applied for in writing from the responsible authority, and the decision may take a maximum of three weeks. A permit is often required to cut back larger branches.
Timely information and professional advice are the key to avoiding gardening litigation. Garden owners should inform themselves about the applicable regulations from the responsible municipality before major planting campaigns or interventions and, if in doubt, it is better to obtain one too many permits than one too few. The costs for a tree felling permit, usually between 25 and 85 euros, are disproportionate to the threat of fines for violations of garden law, as it concludes.
D. Maier / editorial team finanzen.net