What is the Max Height for Neighbor’s Hedge in NRW?

Question from Heinz, What is the Max Height for Neighbor’s Hedge in NRW?

Answer from AI:

Legal Basis for Hedge Height in NRW

In North Rhine‑Westphalia (NRW) the height of a hedge that borders a neighbour’s property is not set by a single uniform rule for the whole state. Instead, it is governed by a combination of state law, municipal ordinances, and general neighbour‑law principles found in the German Civil Code (BGB).

Relevant statutes

• Bürgerliches Gesetzbuch (BGB) §§ 903, 1004, 1018‑1020 – These sections give each property owner the right to use their land as they wish, but also impose a duty not to unreasonably interfere with neighbours’ rights (the “Nachbarrecht”). A hedge that is excessively high or dense can be considered an unlawful interference.
• Landesgesetz über die Ordnung des Garten‑, Landschafts‑ und Sportanlagenbaus (GLBO NRW) – Provides general guidelines for landscaping, including hedges, and allows municipalities to set specific limits.
• Bauordnung für Nordrhein‑Westfalen (BO NRW) – While primarily about buildings, it may contain provisions on vegetation that affects safety or public space.

Typical municipal limits

Most municipalities in NRW have adopted local “Hecken‑ und Zaunverordnungen” (hedge and fence regulations). Although the exact numbers differ, the common pattern is:

• Maximum height: 2 m (≈ 6.6 ft) for hedges that are directly on the property line. Some towns allow up to 2.5 m if the hedge is set back a certain distance.
• Set‑back requirement: Hedged planted less than 0.5 m (≈ 1.6 ft) from the boundary line may be required to be lower (often 1 m).
• Visibility and sunlight: If a hedge blocks a neighbour’s light or view beyond what is considered reasonable, the neighbour may request reduction, even if the height is within the statutory limit.

Because each municipality can tailor these rules, the exact permissible height for your neighbour’s hedge can only be confirmed by checking the local ordinance (Hecken‑Verordnung) of the city or Gemeinde where the property is located.

How the Law Is Applied in Practice

1. Check the local ordinance – Look up the “Hecken‑ und Zaunverordnung” on the website of your city or Gemeinde. It will list the maximum allowed height and any required setbacks.
2. Assess the hedge’s impact – Even if the hedge complies with the height limit, it must not cause an unreasonable nuisance (e.g., blocking sunlight, creating a privacy invasion, or hindering drainage).
3. Neighbourly discussion – German neighbour law encourages an amicable solution. Talk to the neighbour about any concerns; many disputes are settled without formal action.
4. Municipal mediation – If informal talks fail, you can request the local Ordnungsamt (regulatory office) to mediate. They can issue a warning or an order to trim the hedge if it violates the ordinance.
5. Legal recourse – As a last resort, you may file a claim under BGB § 1004 (right to removal of an unlawful interference) in the local civil court. Courts will weigh the hedge’s height against the neighbour’s right to use their land and the principle of proportionality.

Example of Case Law

The Federal Court of Justice (Bundesgerichtshof, BGH) has addressed hedge disputes in cases such as BGH, Urteil vom 23. Mai 2005 – VIII ZR 140/04, where it held that a hedge exceeding the local height limit and causing significant loss of sunlight could be ordered to be trimmed, even if the neighbour claimed it was for privacy. This illustrates that both statutory limits and the actual impact on the neighbour’s property are considered.

Practical Steps for Homeowners

• Locate the local ordinance – Search for “Heckenverordnung” plus the name of your city (e.g., “Heckenverordnung Köln”).
• Measure the hedge – Verify the current height and distance from the boundary line.
• Document any problems – Take photos showing blocked light, view, or drainage issues.
• Contact the Ordnungsamt – Ask for clarification on the applicable limits and request an inspection if needed.
• Seek legal advice – If the neighbour refuses to comply and the hedge clearly exceeds the legal limit, consult a lawyer experienced in German property and neighbour law.

Resources

• BGB – Bürgerliches Gesetzbuch (official text): § 1004 BGB – Beseitigungs- und Unterlassungsanspruch – https://www.gesetze-im-internet.de/bgb/__1004.html
• NRW Ministry for Environment, Conservation, Nature and Geology – Provides links to state laws and municipal regulations: https://www.umwelt.nrw.de/

Because local rules differ, the exact permissible height for a hedge bordering your property can only be determined by consulting the specific municipal ordinance and, if necessary, obtaining professional legal counsel.