🌳 Neighbour law

Noise, trees, boundary distances: neighbour law is partly in the BGB, but largely in the states' neighbour law acts.

neighbour law overhang noise boundary distance tree roots neighbour law act (Nachbarrechtsgesetz)

In brief

Neighbours have to put up with some things. For example noise or smells, if they disturb the use of your property only insignificantly.

If roots from a neighbour's tree reach into your property, you may cut them off and keep them. For overhanging branches only if you have set the neighbour a reasonable deadline for removal and they do nothing. This does not apply if it does not disturb your property.

Much else is state law: for example distances for trees, hedges and fences, deadlines. These rules are different in every state. Ask the municipality or your adviser.

Step by step

Raise it factuallyFirst talk to the neighbour in a friendly way and record it in writing.
Set a deadlineFor overhang, set a reasonable deadline for removal.
Check state lawLook up the neighbour law act of your state or ask the municipality.
MediationMany states have arbitration boards or mediation; whether and where depends on the state.

Deadlines

reasonable deadline

for removal of overhang, before you may cut it yourself§ 910 Abs. 1 BGB

BY 0.50 m (2 m above 2 m height); NRW graded by type; BE 0.50 to 3.00 m

Boundary distance for trees and shrubs (NRW: fast-growing trees 4 m, fast-growing ornamental shrubs 1 m; BE: fast-growing trees 3.00 m, other trees 1.50 m, non-standard fruit trees 1.00 m, shrubs 0.50 m; BE hedges up to 2 m high 0.50 m, above that at least 1 m)Art. 47 AGBGB; § 41 NachbG NRW; §§ 27, 28 NachbG Bln

BY 5 years / NRW 6 years / BE 5 years

Cut-off period for removal claims (BY: from the end of the year in which it became recognisable; NRW: from planting or from the distance being exceeded)Art. 52 AGBGB; § 47 NachbG NRW; § 32 NachbG Bln

depends on the state

other states: boundary distances and deadlines not checkedNeighbour law acts of the states

Watch out – common mistakes

Never cut off branches without setting a deadline.
Neighbour law claims can be excluded under state law if you wait too long.
State law checked only for Bavaria, North Rhine-Westphalia and Berlin; not the other states. Berlin: not checked in full text where noted below.
For noise and emissions, compensation in money may be possible (§ 906 Abs. 2 BGB).
The Berlin tree protection ordinance and municipal statutes in NRW and Bavaria (not checked individually) may prohibit felling; ban on cutting hedges and shrubs from 1 March to 30 September (§ 39 Abs. 5 BNatSchG).

In depth · legal basis, figures and practice – for advisers and professionals

Emissions (§ 906 BGB)

The owner of a property cannot prohibit the introduction of gases, vapours, smells, smoke, soot, heat, noise, vibration and similar effects to the extent that the effect does not impair the use of their property, or impairs it only insignificantly. It is normally insignificant if limit or guideline values laid down in laws or ordinances are not exceeded. Even a significant impairment must be tolerated if it is caused by a use of the other property that is customary in the locality and cannot be prevented by economically reasonable measures; then reasonable compensation in money can be demanded if the effect unreasonably impairs a locally customary use or the yield. Under paragraph 3, introduction through a special pipe or line is not permitted.

Overhang (§ 910 BGB)

The owner can cut off and keep roots of a tree or shrub that have penetrated from a neighbouring property. Overhanging branches only if the owner has set the possessor of the neighbouring property a reasonable deadline for removal and removal does not take place within the deadline. No right of self-help if roots or branches do not impair the use of the property.

In addition to § 910 BGB: the Berlin tree protection ordinance and municipal statutes in NRW and Bavaria (not checked individually) may restrict cutting or felling; § 39 Abs. 5 BNatSchG prohibits cutting back hedges and shrubs from 1 March to 30 September. Self-help under § 910 BGB remains alongside the state rules (BGH 11 June 2021, V ZR 234/19).

State law BY / NRW / BE

Legal sources: Bavaria has no neighbour law act but Art. 43 to 54 AGBGB; NRW has the NachbG NRW; Berlin has the NachbG Bln.
Boundary distances: Bavaria Art. 47 AGBGB 0.50 m, 2 m above 2 m height. NRW § 41 NachbG NRW graded by type (fast-growing trees 4 m, fast-growing ornamental shrubs 1 m). Berlin § 27 NachbG Bln: fast-growing trees 3.00 m, other trees 1.50 m, non-standard fruit trees 1.00 m, shrubs 0.50 m; hedges § 28: up to 2 m height 0.50 m, above that at least 1 m.
Cut-off periods: Bavaria 5 years from the end of the year in which it became recognisable (Art. 52 AGBGB); NRW 6 years from planting or from the distance being exceeded (§ 47 NachbG NRW); Berlin 5 years (§ 32 NachbG Bln).
Hammerschlag and ladder right (right to use a neighbour's land for building work): Bavaria Art. 46b AGBGB (since 1 January 2012); NRW § 24 NachbG NRW; Berlin NachbG Bln (Berlin: not checked in full text, section not verified).
Mediation: Bavaria compulsory under § 15a EGZPO in conjunction with Art. 1 BaySchlG (not for emissions from commercial businesses); NRW § 53 Abs. 1 Nr. 1 a JustG NRW (payment claims excluded); Berlin not compulsory.

Setback areas under building law are regulated by the state building codes. Other states: not checked.

Who is responsible

Municipality/building supervision (distances, state law)
Arbitration board or mediation (in Bavaria and NRW partly compulsory before suing, not in Berlin)
Amtsgericht (local court)
Haus & Grund (owners' association)

Quick questions

Worum geht es bei „Neighbour law“?

Noise, trees, boundary distances: neighbour law is partly in the BGB, but largely in the states' neighbour law acts.

Which deadlines and figures matter?

reasonable deadline: for removal of overhang, before you may cut it yourself (§ 910 Abs. 1 BGB)
BY 0.50 m (2 m above 2 m height); NRW graded by type; BE 0.50 to 3.00 m: Boundary distance for trees and shrubs (NRW: fast-growing trees 4 m, fast-growing ornamental shrubs 1 m; BE: fast-growing trees 3.00 m, other trees 1.50 m, non-standard fruit trees 1.00 m, shrubs 0.50 m; BE hedges up to 2 m high 0.50 m, above that at least 1 m) (Art. 47 AGBGB; § 41 NachbG NRW; §§ 27, 28 NachbG Bln)
BY 5 years / NRW 6 years / BE 5 years: Cut-off period for removal claims (BY: from the end of the year in which it became recognisable; NRW: from planting or from the distance being exceeded) (Art. 52 AGBGB; § 47 NachbG NRW; § 32 NachbG Bln)
depends on the state: other states: boundary distances and deadlines not checked (Neighbour law acts of the states)

What should I do first?

Raise it factually: First talk to the neighbour in a friendly way and record it in writing.
Set a deadline: For overhang, set a reasonable deadline for removal.
Check state law: Look up the neighbour law act of your state or ask the municipality.

What do I need to watch out for?

Never cut off branches without setting a deadline.
Neighbour law claims can be excluded under state law if you wait too long.
State law checked only for Bavaria, North Rhine-Westphalia and Berlin; not the other states. Berlin: not checked in full text where noted below.

Evidence

BGB § 906, gesetze-im-internet.de, retrieved 20 September 2026
BGB § 910, gesetze-im-internet.de, retrieved 20 September 2026
State neighbour law: AGBGB Bavaria Art. 43 to 54, NachbG NRW, JustG NRW § 53, NachbG Bln, BaySchlG; BGH 11 June 2021 V ZR 234/19; Berlin sections on the Hammerschlagsrecht not checked in full text; other states not checked; retrieved 20 September 2026

As of

September 2026 · Sources and method

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