Felling a tree on your property: when is it allowed?

A tree on the property has grown too big, stands too close to the house or is diseased — may it be removed? And if so, when? For owners, owners’ associations and property managers this is one of the most common questions in autumn. The short answer: the window for felling is open from 1 October to the end of February — but whether a tree may be felled at all is not decided by the calendar alone.

The nationwide rule: § 39 Federal Nature Conservation Act

From 1 March to 30 September it is prohibited to cut back, coppice or remove trees outside forests as well as hedges, shrubs and other woody plants (§ 39 (5) sentence 1 no. 2 BNatSchG). The purpose is to protect nesting birds and other animals. Areas used as gardens are among the exceptions.

Even during the protected period, gentle shaping and maintenance cuts that remove new growth or keep a tree healthy remain permitted. The ban also does not apply to measures that serve traffic safety and cannot be carried out at another time — such as a broken branch above the footpath.

The same periods apply to hedges; the details are in Hedge cutting: statutory periods. This article is about trees.

The local rule: tree protection by-law

Regardless of the season, a municipal tree protection by-law (Baumschutzsatzung) can make felling subject to a permit — usually from a certain trunk circumference measured at a set height above the ground. Whether such a by-law exists, which trees it covers and whether replacement planting is required differs from municipality to municipality. Felling without a required permit risks a fine.

Who decides in an owners’ association?

Trees on the shared plot are common property. Felling a healthy tree is usually not a minor matter the manager can decide alone, but one for the owners (§ 19 (1) WEG). It is different when there is acute danger: the manager may take measures to avert a disadvantage without a prior resolution (§ 27 (1) WEG).

Duty to maintain safety: look at trees regularly

Whoever has a tree on their property must make sure it poses no avoidable danger — to passers-by, parked cars and residents. If a rotten branch falls, this can lead to liability under § 823 BGB. A proven approach is to check trees regularly for deadwood, cracks, fungal growth and leaning, to record the result and to have anything unusual assessed by a specialist.

How Zamsa helps

As part of our grounds maintenance we carry out hedge and woody-plant cutting within the permitted period and keep an eye on trees during our regular visits. Anything we notice about a tree is reported to you or the property manager — felling large trees and tree surveys belong in the hands of specialist firms.