The distance between trees and neighbours

The distance between trees and neighbours

"I would like to know if I can plant trees within 3 metres of the neighbouring property. We're talking about trees that should be over 6 metres tall and I don't want to get into trouble with my neighbours."

In the Canton of Geneva, the planting of trees and hedges is governed mainly by the law implementing the Swiss Civil Code; these rules differ from one Canton to another, particularly as regards the height and distance to be respected. Planting rules vary according to the type of tree you wish to plant and the zone in which your property is located.

In Geneva, the law lays down the general principle that no plantation with a woody stump may be planted within 50 centimetres of the parcel boundary. Once this limit has been respected, the authorised height of the plants will vary according to their distance from the neighbouring property. For example, the maximum height of the planting is set at 2 metres when the distance from the property boundary is 2 metres, while the plant can reach 6 metres in height when the distance is more than 5 metres, or even 12 metres if the plant is more than 10 metres from the boundary. In short, the closer the planting is to the boundary, the more restricted its height.

However, the law lays down different rules for fruit trees, and even exempts them from height and distance restrictions in agricultural areas if the planter obtains the agreement of all the owners of the neighbouring plots. The legal provisions relating to heritage protection and any agreements to the contrary should also be checked before you apply.

It should also be added that, in theory, if the tree planted disturbs your neighbour by depriving him of an exceptional view or of light, the latter may be entitled to bring an action to put an end to the disturbance and for compensation for the damage caused by invoking a violation of federal law, according to which the owner of land must refrain, in the exercise of his right of ownership, from any excess to the detriment of his neighbour. In practice, however, the conditions for admitting such an action are extremely restrictive and, as long as the cantonal limits are respected, you can calmly let your trees grow.