Being a good neighbor starts with treating the property line with respect. The Civil Code only provides a rough guide for an appropriate distance from fences, buildings and plants. Detailed regulations vary from state to state. This raises important questions in terms of border development and property boundaries. This guide is packed with facts and concise answers about the correct distance between different objects and the neighboring property.

The regulations on property boundaries are very strict and leave little room for interpretation

Table of Contents

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  1. the essentials in brief
  2. Distance property line overview
  3. Plant height at property line
  4. frequently asked Questions

    5. the essentials in brief

    • A fence up to a privacy screen height of 180 cm must maintain a minimum distance of 50 cm from the property line.
    • By mutual agreement, neighbors may erect a fence on the property line.
    • Usual distance values at the property boundary are: 3 m for buildings, 1-2 m for outbuildings, 50 cm for plants up to 2 m high, 2 m for plants over 2 m high.

    Please note: This guide provides a general overview of regulations in Germany for a conflict-free property line. The information, data and tips cannot replace legal advice and assistance. You can find out the actual data about the distance regulations from your responsible building authority.

    Distance to property line - overview

    Buildings, trees and fences - everything must respect the native distance to the property line

    In Germany there is no generally applicable distance regulation for the property line. Each federal state sets its own values in regional building codes, which can also be changed in local development plans. Good to know: The rules for the distance to the property line are similar.

    The rule of thumb for a house is: building height multiplied by a value between 0.2 and 1 = distance to the property line. Special regulations apply to the fence or outbuildings, such as the garage, garden shed (€24.90) or carport. Here, the height, size or square meters of the area are closely related to the legally compliant distance to the neighboring property. The following table gives an overview, according to § 6 of the cross-state model building code (MBO), which most federal states take as a model:

    property lines House outbuildings heat pump/solar Fence (up to 1.80 m high) Tree (up to 2 m growth height)
    minimum distance 3 m 1-2 m 2.50 m 0.50 m 2m

    In order to fill the sober figures in this table with life, important questions about the property line are given a compact, comprehensible answer below.

    How far should a fence be from the property line?

    The neighboring law of your federal state stipulates the distance from the property line that you may erect a fence. While the minimum distance of 3 meters applies to a house, special rules apply to enclosures of all kinds. In many states and municipalities, fences may be erected within the space provided that a distance of 50 centimeters to the adjacent property is maintained. The state building ordinance explains all the details in more detail.

    Can you build a fence on the property line?

    A fence should always be erected in agreement with the neighbor

    Some state neighborhood laws make it mandatory to erect an enclosure or fence between two adjacent properties. If this regulation does not apply in your federal state, you may only build a fence on the property line with the consent of your neighbor. Be sure to get your neighbor's consent confirmed in writing.

    How can you identify the property line?

    On paper, property boundaries are far too abstract and difficult to understand for a layperson. For this reason there are the so-called boundary stones on site. These are special markings made of concrete, stone or plastic that are embedded in the ground. By stretching a string from boundary stone to boundary stone, you can see the exact course of the property line.

    How close can you build to the property line?

    The building regulations of the federal states provide for certain distances between buildings and the property line. Irrespective of numerous special regional regulations, it applies nationwide that you may build up to 3 meters from the neighboring property. The distance is reduced to 1 to 2 meters if it is an outbuilding, such as a garage, garden shed, terrace or carport. The more rural the region, the greater the distance to be measured. Therefore, before starting construction, ask your responsible building authority.

    What distance can a tree be from the property line in Bavaria?

    According to the prevailing regulations in Bavaria, a property owner can demand that trees on the neighboring property keep a minimum distance of 0.50 meters. On the other hand, if a tree is more than 2 meters high, the prescribed distance increases to 2 meters.

    What is the prescribed distance from the property line for a garden shed?

    According to the cross-state model building code (MBO), a garden shed may only be erected on the property boundary if there is no lounge or fireplace in it and the average wall height is a maximum of 3 meters. If a summer house does not meet these criteria, a distance of at least 3 meters to the neighboring property line must be maintained.

    What should be considered when planting at the property boundary?

    The special regulation on border development for outbuildings also involves the planting. For this reason, the minimum distance of 3 meters may be exceeded as an exception. The rule of thumb is: Plants up to 2 meters high must not be less than 50 centimeters from the neighboring property. Plants over 2 meters tall must be kept at a constant distance of at least 2 meters. In some federal states, significantly greater distance rules apply, such as in Baden-Württemberg of up to 8 meters for tall trees. Therefore, please inquire at your local regulatory office about the currently applicable boundary distances before planting trees, shrubs or hedges.

    digression

    In an emergency, customary law decides

    If boundary stones are not set, maps are not clear and property boundaries cannot be determined by the land registry office, many property owners file a boundary divorce suit. According to §920 BGB, a court should clarify the border confusion. If the court also does not come to a clear verdict on the course of the border, the acquis has the last word. In short: If two neighbors argue about a property line, the area in question is assigned to the person who used it regularly in the past out of habit. This decision-making process costs everyone involved a lot of time, even more money and nerves. The better solution to the problem is an out-of-court "border determination agreement" that reflects the interests of both sides.

    Plant height at the property line - overview

    The permissible height of trees and shrubs close to the border is precisely defined

    Boundary distance and height of plants are closely related. As a result, there is no uniform answer to the question: How tall can a tree grow at the property line? The following overview demonstrates the form in which the legislator has defined the balancing act between growth height and property line in figures:

    • Growth height up to 100 cm: Minimum distance 25 cm
    • Growth height 101-150 cm: Minimum distance 50 cm
    • Growth height from 151 cm: Minimum distance 75-100 cm
    • Growth height from 200 cm: Minimum distance 100-200 cm
    • Growth height from 300 cm: Minimum distance 200-300 cm

    The following examples illustrate how varied Germany's federal states are handling the subject: In Baden-Württemberg, a distance of 50 cm is generally prescribed for border plantings up to a height of 180 cm. From this height, the following formula applies: Total height minus 130 cm = minimum distance to the property line. In Thuringia, the calculation for privacy hedges over 200 cm is as follows: Total height minus 125 cm = distance to neighboring property. Brandenburg and Schleswig-Holstein practice the 1/3 rule: the enclosure planting must be at least 1/3 apart in relation to the total height.

    Perennials, flowers and all herbaceous plants that die off after the first frost are not considered plants within the meaning of the regulations at the property boundary. As a result, there is no specific boundary distance for geraniums, dahlias and other floral beauties. Three other important questions regarding height at the property line are given a tangible answer below.

    Can you cut off branches yourself if a tree grows beyond the property line?

    In principle, no landowner has to tolerate if the branches of the neighbor's tree grow beyond the property line. Affected hobby gardeners are not allowed to simply reach for the pruning shears. The following video sums up what to look out for and how to solve the problem peacefully.

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    How high can a woodpile with firewood be at the property line?

    If you store firewood in the vicinity of the neighboring property, important regulations must be heeded. In most federal states, the legislator caps the height of the wood stack at 1.50 meters. Furthermore, a minimum distance of 0.5 meters to the property line is mandatory.

    Is raising the ground at the property line permitted as a hill bed or alpinum?

    Nationwide, every neighbor is entitled to raise the ground on his property, as long as this does not damage the neighboring property. If necessary, a retaining wall should be set up to protect against earth slides. Furthermore, a minimum distance of 50 centimeters to the property line must be maintained if the ground elevation is less than 2 meters. From a height of 2 meters, most state building regulations prescribe a distance of 1 meter to the neighbor.

    tips

    Expert trimming of hedges and trees at the property boundary is subject to the strict regulations in the Federal Nature Conservation Act. To protect our massively threatened flock of birds, the grace period extends from March 1st to September 30th. Slight grooming cuts are permitted, provided they are limited to this year's growth.

    frequently asked Questions

    Who must cut the hedge at the property line?

    The owner of the hedge is always responsible for trimming the hedge

    The owner of the hedge is responsible for trimming the hedge. If epically long shoots grow into the neighboring property, the person concerned must not simply trim the hedge. First of all, the hedge owner has to be given a reasonable deadline for the pruning, whereby he is of course granted access to the property. The annoyed neighbor is only allowed to swing the hedge trimmer (€77.00) himself if the deadline elapses unused and the overly long growth represents a significant impairment.

    Where can I find out my own property line in Lower Saxony?

    If you do not see a boundary stone and still want to determine your property line, please contact the local building or surveying office. In Lower Saxony, contact the State Office for Geoinformation and Land Surveying (LGLN) and ask them for "official border information".

    tips

    When you create a compost, there are many aspects to consider. An airy, semi-shady to shady location guarantees rapid rotting with the lowest possible odor development. However, unpleasant odors cannot be completely ruled out. For this reason, the vast majority of municipal regulations state that a minimum distance of 50 centimeters from the property line is mandatory.

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Garden design