A tree brings a lot of joy, shade, oxygen and quality of life — but it also brings responsibility. As an owner you have certain duties to ensure safety and avoid conflicts with neighbours.
Here is a short overview of the most important points (status: Austria, in particular Salzburg and the surrounding area — regulations can vary slightly by federal state or municipality):
Duty to maintain safety (§ 1319 ABGB and general liability)
The tree owner is obliged to regularly check trees for hazards (e.g. deadwood, cracks, instability). If there is a danger to people, property, roads or neighbours, action must be taken immediately (pruning, bracing or felling). If the owner fails to act, they are fully liable — including for storm damage.
Duty of preservation (per the Salzburg tree protection ordinance, BSVO 2024)
Protected trees may not be damaged, destroyed or removed without a permit. Pruning is allowed for care and safety, but must not “ruin” the tree (no radical crown reduction or complete cutback).
Important note: This is only a general, non-binding overview and not legal advice. We accept no responsibility or liability for the currency, completeness or accuracy of this information. The exact regulations can change regionally and over time. For binding legal advice or in concrete conflicts, we strongly recommend consulting a lawyer specialising in neighbour or construction law, or a certified tree assessor — or talk to us, and we’ll gladly help clarify things or put you in touch with the right person.
Rights and duties of tree owners towards neighbours
For trees on or near the property boundary: neighbour law in Austria is governed primarily by the ABGB (§§ 364, 422, 423). There is no nationwide uniform minimum planting distance for trees on private property (apart from some building codes for new construction). The most important rules are:
1. Overhanging branches and intruding roots (§ 422 ABGB)
The neighbour’s rights:
- The neighbour may themselves cut off branches protruding over the boundary and remove roots from their soil → right of self-help
- They must proceed professionally and spare the tree as much as possible (no radical cutback or killing of the tree — otherwise damages may be owed)
- As a rule, the neighbour bears the costs themselves
- Exception: In case of acute danger (e.g. rotten, falling branches), the tree owner usually bears half of the costs (established case law)
The tree owner’s duties:
- In principle, no obligation to remove the overhang themselves
- Exception: in case of acute danger, the duty to maintain safety applies (§ 1319 ABGB) → action must then be taken
- You may not simply throw the cut branches back onto the neighbour’s property
- Fruit hanging on overhanging branches may be picked and kept by the neighbour
2. Shade / loss of light and air (§ 364 para. 3 ABGB)
Shade must in principle be tolerated (as long as it is of a normal, locally customary extent). Action against the neighbour (injunction) is possible only in extreme exceptional cases, namely when:
- the shade clearly exceeds the locally customary extent, and
- normal use of the property is significantly impaired (example: garden almost completely dark, vegetable patch or terrace practically unusable)
In practice this is very rarely granted.
3. Boundary tree (trunk exactly on the boundary)
- The tree belongs to both neighbours jointly
- Neither may fell it, cut it back heavily or significantly alter it without the other’s consent
- In case of acute danger, action must be taken jointly
4. Planting distance from the property boundary
There is no general statutory minimum distance for trees on private land. Exceptions can only arise from:
- local building regulations (for new construction)
- local ordinances of individual municipalities
Practical tip: The closer to the boundary, the greater the potential for conflict. For tall trees, a distance of 2.5–4 m is often recommended (not a hard rule).
5. An additional important point in Salzburg
If the tree is protected (trunk circumference ≥ 55 cm — Salzburg tree protection ordinance 2024), then:
- Even when cutting overhanging branches, the work must be done professionally
- Radically altering or damaging the tree is prohibited
- Felling requires a permit from the owner in any case — regardless of the neighbour