Good neighbors begin with respectful treatment of property boundaries. The Civil Code only provides a rough guideline for an appropriate distance from fences, buildings and plants. Detailed regulations vary from state to state. This raises important questions regarding border development and property boundaries. This guide is packed with facts and compact answers about the correct distance between various objects and neighboring properties.
What distance should objects keep from the property line in Germany?
The following rules of thumb apply for the correct distance to the property line in Germany: 3m for buildings, 1-2m for outbuildings, 50cm for fences up to 180cm high, 50cm for plants up to 2m tall and 2m distance for plants over 2m tall. However, the exact regulations vary between the federal states.
- A fence with a privacy height of up to 180 cm must maintain a minimum distance of 50 cm from the property line.
- By mutual agreement, neighbors may erect a fence on the property line.
- Usual distance values at the property boundary are: 3 m for buildings, 1-2 m for outbuildings, 50 cm for plants up to 2 m high, 2 m for plants over 2 m high.
Please note: This guide provides a general overview of regulations in Germany for conflict-free property boundaries. The information, data and tips cannot replace legal advice and assistance. You can find out the actual data regarding the distance regulations from your local building authority.
Distance to property line – overview
Buildings, trees and fences – everything must respect the natural distance to the property line
In Germany there is no generally applicable distance regulation for property boundaries. Each federal state sets its own values in regional building regulations, which may also be changed in local development plans. Good to know: The rules for the distance to the property line are similar.
The rule of thumb for a house is: building height multiplied by a value between 0.2 to 1=distance to the property line. Special regulations apply to the fence or outbuildings, such as garages, garden sheds or carports. Here, the height, size or square meters of the area are closely related to the legal distance to the neighboring property. The following table provides an overview, in accordance with Section 6 of the cross-state model building regulations (MBO), which most federal states take as a model:
| Property boundaries | House | outbuilding | Heat pump/solar | Fence (up to 1.80 m high) | Tree (up to 2 m tall) |
|---|---|---|---|---|---|
| Minimum distance | 3 m | 1-2 m | 2, 50 m | 0, 50 m | 2 m |
In order to bring the sober numbers in this table to life, important questions about property boundaries receive a compact, comprehensible answer below.
How far should a fence be from the property line?
The neighboring law in your federal state stipulates at what distance from the property line you can build a fence. While the minimum distance of 3 meters applies to a house, special rules apply to all types of enclosures. In many states and municipalities, fences may be built within the distance area as long as a distance of 50 centimeters to the adjacent property is maintained. The state building regulations provide all the details in more detail.
Can you build a fence on the property line?
A fence should always be built with the consent of the neighbor
Some state neighborhood laws require the construction of a fencing or fence between two adjacent properties. If this regulation does not apply in your state, you may only build a fence on the property line with the consent of your neighbor. Be sure to have your neighbor's consent confirmed in writing.
How to recognize the property line?
On paper, property boundaries are far too abstract and difficult to understand for a layperson. For this reason there are so-called boundary stones on site. These are special markings made of concrete, stone or plastic that are embedded in the ground. By stretching a string from boundary stone to boundary stone, you can see the exact course of the property boundary.
How close can you build to the property line?
The building regulations of the federal states provide for certain distances between buildings and the property line. Regardless of numerous regional special regulations, the nationwide rule is that you are allowed to build within 3 meters of the neighboring property. The distance is shortened to 1 to 2 meters if it is an outbuilding such as a garage, garden shed, terrace or carport. The more rural the region, the greater the distance must be measured. Therefore, ask your local building regulations office before starting construction.
What distance can a tree be from the property line in Bavaria?
According to the regulations dominant in Bavaria, a property owner can require that trees on the neighboring property maintain a minimum distance of 0.50 meters. However, if a tree rises more than 2 meters into the sky, the required distance increases to 2 meters.
What distance from the property line is required for a garden house?
According to the transnational model building code (MBO), a garden house may only be built on the property boundary if there is no lounge or fireplace built into it and the average wall height is a maximum of 3 meters. If a garden house does not meet these criteria, a distance to the neighboring property line of at least 3 meters must be maintained.
What should you pay attention to when planting on the property boundary?
The special regulation on border development for outbuildings also includes planting. For this reason, the minimum distance of 3 meters may be exceeded in exceptional cases. The rule of thumb applies: Plants up to 2 meters tall must not be less than 50 centimeters from the neighboring property. Plants with a height of 2 meters or more must be kept at a constant distance of at least 2 meters. In some federal states, significantly larger distance rules apply, such as in Baden-Württemberg of up to 8 meters for large trees. Therefore, please ask your local public order office about the currently applicable limit distances before planting trees, bushes or hedges.
Excursus
In an emergency, common law decides
If boundary stones are not set, mapping is not clear and property boundaries cannot be determined by the land registry office, many property owners file boundary divorce proceedings. According to §920 BGB, a court should clarify the border confusion. If the court does not come to a clear decision on the border, the acquis has the last word. In short: If two neighbors argue over a property boundary, the area in question is assigned to the person who has regularly used it in the past out of habit. This decision-making process costs everyone involved a lot of time, even more money and nerves. The better solution to the problem is an out-of-court “border determination agreement” that reflects the interests of both sides.
Plant height at the property line – overview
The permissible height of trees and bushes near the border is precisely defined
Border distance and height of plants are closely linked. As a result, there is no uniform answer to the question: How tall can a tree grow on the property line? The following overview demonstrates how the legislature quantifies the balancing act between growth height and property boundaries:
- Growth height up to 100 cm: Minimum distance 25 cm
- Growth height 101-150 cm: Minimum distance 50 cm
- Height from 151 cm: Minimum distance 75-100 cm
- Growth height from 200 cm: Minimum distance 100-200 cm
- Growth height from 300 cm: Minimum distance 200-300 cm
The following examples illustrate how varied Germany's federal states handle the issue: In Baden-Württemberg, a distance of 50 cm is generally required for border plantings up to 180 cm tall. From this height the following formula applies: total height minus 130 cm=minimum distance to the property line. In Thuringia, privacy hedges over 200 cm are calculated as follows: total height minus 125 cm=distance to neighboring property. Brandenburg and Schleswig-Holstein practice the 1/3 rule: the fencing plants must be at least 1/3 apart in relation to the total height.
Perennials, flowers and all herbaceous plants that die after the first frost are not plants within the meaning of the regulations on the property line. As a result, there is no specific distance limit for geraniums, dahlias and other floral beauties. Three other important questions regarding height at the property line receive a solid answer below.
Can you cut branches yourself if a tree grows over the property line?
Basically, no property owner has to tolerate the branches of a neighbor's tree growing over the property line. However, affected hobby gardeners are not allowed to simply use pruning shears (€38.00 on Amazon). The following video gets to the heart of what you should pay attention to and how you can solve the problem peacefully.
Nachbarrecht – Äste von Nachbars Baum abschneiden erlaubt?
How high can a stack of firewood be at the property line?
If you store firewood close to neighboring property, there are important regulations to follow. In most federal states, the law caps the height of the wood stack at 1.50 meters. Furthermore, a minimum distance of 0.5 meters from the property line is mandatory.
Is raising the ground at the property boundary permitted as a hill bed or alpinum?
Nationwide, every neighbor is en titled to raise the ground level on their property, provided this does not cause damage to the neighboring property. If necessary, a retaining wall must be installed to protect against landslides. Furthermore, a minimum distance of 50 centimeters from the property line must be maintained if the ground elevation remains below 2 meters. From a height of 2 meters, most state building regulations require a distance of 1 meter to the neighbor.
Tip
Professional pruning of hedges and trees at the property boundary is subject to the strict regulations of the Federal Nature Conservation Act. To protect our massively threatened flock of birds, the grace period extends from January 1st. March to September 30th. Light maintenance cuts are permitted as long as they are limited to this year's growth.
Frequently asked questions
Who has to cut the hedge at the property line?
The owner of the hedge is always responsible for trimming the hedge
The owner of the hedge is generally responsible for trimming the hedge. If epically long shoots grow into the neighboring property, the person concerned is not allowed to simply trim the hedge. First of all, the hedge owner must be given a reasonable deadline for pruning, although he will of course be granted access to the property. Only when the deadline passes without being used and the excessively long growth poses a significant nuisance can the angry neighbor swing the hedge trimmer himself.
Where can I find out my own property boundary in Lower Saxony?
If you do not recognize a boundary stone and still want to determine your property line, please contact the local building or surveying office. In Lower Saxony, contact the State Office for Geoinformation and Land Surveying (LGLN) and ask for “official border information”.
Tip
When you create a compost, there are a variety of aspects to consider. An airy, partially shaded to shady location guarantees rapid rotting with as little odor as possible. However, unpleasant odors cannot be completely ruled out. For this reason, the vast majority of municipal regulations state that a minimum distance of 50 centimeters from the property line is mandatory.
