BGH ruling on the height of hedges: no more fairy tales about the 2-meter limit

No uniform height limit - what applies now

For a long time, the opinion was widespread: Hedges may be a maximum of two meters high, otherwise they must be trimmed. However, the Federal Court of Justice (BGH) has now clarified this: There is no general height limit for hedges. Period.

Instead, the respective state law is decisive. Each federal state has its own rules - and it is not the height alone that matters, but the distance to the property boundary. So if you think your neighbor simply has to cut back a hedge that is "too high", you may be making a huge mistake.

The specific case concerned a 6 to 7 meter high bamboo hedge in Hesse. The BGH ruled: Even such a giant can legally be a hedge - as long as it forms a coherent privacy screen. The judges emphasized: Courts may not set arbitrary heights, that is a matter for the state legislatures.

The crucial point: Where is the measurement taken?

Particularly important - and newly clarified - is the question of where the height is measured at all. The BGH's answer: Always at the point where the plant emerges from the ground - i.e. on the property on which the hedge stands. If this is higher than the neighboring property, this higher level still counts.

However, anyone who has artificially raised the ground in order to push through a higher hedge cannot rely on this. In such cases, the original ground level applies.

This is how different the rules are in the federal states

The old rule of thumb, according to which a certain hedge height automatically means a fixed distance from the property boundary, is only partially valid today. The individual federal states regulate the issue differently: some rely on fixed distance limits, others are based on flexible scales depending on the height of the hedge.

While there is no fixed upper height limit in some countries, the distance requirements there increase with the height of the hedge. The decisive factor is therefore not a specific standard height, but always the interaction of height and distance - and this depends on the respective state law.

Deadlines, pruning, closed season: what you need to know

Not every troublesome shrub can be cut back at will. Claims for pruning or removal are time-barred!

• Hesse: Pruning claims expire after three years - calculated from the time when the hedge is too close to the boundary.
• Bavaria: Five-year statute of limitations.
• Other countries: own rules - so check national law!

The Federal Nature Conservation Act also applies: from March 1 to September 30, radical pruning is prohibited - i.e. no clearing or "up-stocking". Gentle shaping and maintenance pruning is permitted, but only without harming breeding birds.

Anyone threatening to use scissors should first look at the law

The ruling is a reality check for all amateur gardeners with neighborhood neuroses. The days of blanket demands such as "Cut that thing down to two meters!" are over. Instead: get out the tape measure, put the state law on the table and then talk - don't argue.

Because anyone who thinks they can get away with a call to the public order office or a reference to the "good old 2-meter rule" will soon be surprised. The BGH has made it clear: there is no such thing as a blanket rule - facts count. And they are in the law, not in gut feeling.