Neighbourhood (2): The differences between Geneva and Vaud?
Neighbourhood (2): The differences between Geneva and Vaud?
"I want to plant some trees in my garden, but my neighbour complains about his view and argues that I have to keep a certain distance from the fence that separates us. What about this?"
Jean, Geneva
We have chosen to publish your question following the one asked last week, in order to compare the legislation applicable in the two cantons. Under art. 688 of the Civil Code, it is cantonal legislation that determines the distance that owners are required to keep from their plantations, depending on the various species of plants and buildings.
As in the canton of Vaud, the Geneva law implementing the Civil Code and the Code of Obligations (LACC) stipulates that, in principle, no plantation with a woody stump may be planted within fifty centimetres of the boundary between two plots of land. At this distance and up to two metres from the boundary, the height of plantations may not exceed 2 metres (compared with 3 metres in the canton of Vaud), then 6 metres between two and five metres from the parcel boundary (compared with 9 metres in the canton of Vaud), and 12 metres between five and ten metres from this boundary. These regulations also apply to hedges.
Fruit trees and other climbing plants may be planted as trellises or espaliers right up to the boundary of each property, but may not exceed a height of two metres. However, if there is a fence between two adjoining properties, the legal distance only applies to plantings exceeding the height of the fence. Similarly, if they are supported by a wall higher than two metres, their height is limited to the crest of the wall. It should be noted that if the wall is not a party wall, only the owner has the right to plant against it.
In agricultural zones, these regulations do not apply if the planter obtains the agreement of all the owners of neighbouring plots. In addition, provisions relating to heritage protection, legislation on roads, general protection of the lakeshore, protection of monuments, nature, sites and viticulture may require other solutions.
