Growth over pavement and road: when owners have to cut back

In high summer growth is at its densest: hedges push out over the pavement, branches hang into the carriageway, a road sign disappears behind foliage. Many owners see cutting back as a matter of courtesy towards the neighbours. In law it is something rather different — a duty, and one you are liable for if you neglect it. Here is an overview of who is responsible, how much space has to stay clear and what happens if nothing is done.

Who has to cut back — the municipality or the owner?

The owner. Under § 27 Abs. 5 of the Hessian Roads Act (Hessisches Straßengesetz, HStrG), property owners have to remove growth that projects from their land onto public roads — pavements and cycle paths included. Hessian municipalities rely on exactly this provision when they issue notices to cut back, and they set out the details further in their street cleaning by-law or their hazard prevention order (Gefahrenabwehrverordnung). What matters is not where the plant is rooted, but where it grows: as soon as branches cross the boundary into public traffic space, the duty applies — even for a hedge that has stood unchanged in the same spot for thirty years.

How much space has to stay clear?

Each municipality sets the actual measurements itself, which is why they differ from place to place. The order of magnitude, however, is the same everywhere:

• Above pavements, Hessian municipalities require between 2.20 m and 2.50 m of clear height depending on the by-law — Freigericht states at least 2.20 m, Großkrotzenburg 2.30 m, Stockstadt am Rhein and Lauterbach 2.50 m.
• Above cycle paths the figure tends towards the upper end, often 2.50 m.
• Above the carriageway it is a uniform 4.50 m — this figure is identical in all the by-laws we checked, because it is based on the space needed by lorries, buses, refuse vehicles and emergency vehicles.
• On top of that, sight triangles at junctions and crossroads have to stay clear, and street lamps, road signs and house numbers must not be obscured.

If you want to know exactly, look up your own municipality's by-law — or work with the stricter figure. 2.50 m above the pavement and 4.50 m above the carriageway meets every one of the requirements listed above.

What happens if nothing is cut back?

As a rule, the municipality first sends a notice with a deadline. If it passes, the municipality has the growth removed itself by way of substitute performance (Ersatzvornahme) and invoices the owner for the cost — noticeably more expensive than commissioning a contractor yourself. Some municipalities punish breaches with a fine on top of that.

In financial terms, though, liability weighs more heavily. Anyone who breaches their duty to keep the way safe is liable under § 823 BGB for personal injury and property damage arising from it: the pedestrian who has to step out into the carriageway because of an overhanging hedge; the cyclist struck in the face by a branch; the accident at a junction whose sight triangle had become overgrown. That is precisely why cutting back is not cosmetic but risk prevention.

Two points that get overlooked in practice

• Letting the property does not change who the notice is addressed to:whether cutting back is agreed internally with tenants or with a contractor is a matter between the parties involved. The municipality's notice under road law is addressed to the owner — it remains their duty to make sure the work is actually carried out, and carried out in time.
• The problem grows slowly: a branch does not hang too low from one day to the next. A hedge encroaches on the clearance profile over two or three years without anyone noticing — which is why checking the height belongs in a fixed schedule rather than being left to chance. How regular checks pick up cases like this early is set out in Property inspections: why regular checks prevent consequential damage.

A workable rhythm

Two checks a year are enough for most properties: one in spring, before growth starts, and one in July or August, when growth is at its densest — that is the point at which municipalities send out their notices. If a heavy cut back is due that goes beyond keeping the traffic space clear, it is scheduled for the window from 1 October to the end of February. Two things then coincide: nature conservation law, and the time of year that is gentler on the plant.

How Zamsa helps

As part of our grounds maintenance we check the clearance profile along the pavement as well — and report it before the municipality does. We take care of the cutting back including removal of the green waste, in the district of Groß-Gerau, in Darmstadt, Neu-Isenburg, Oberursel and the surrounding area. Every visit is documented, so that in case of doubt there is proof of the condition the grounds were handed over in.