Hedge cutting deadlines: what is legally allowed between March and September

Every spring brings the same question for residents' associations and managing agents: can the hedge still be cut now, or is it already too late? The Federal Nature Conservation Act (Bundesnaturschutzgesetz) draws a clear line here that applies throughout Germany — and ignorance is no defence against a fine.

The legal basis: § 39 Bundesnaturschutzgesetz

Under § 39 Abs. 5 Nr. 2 BNatSchG it is prohibited to cut back hedges, living fences, bushes and other woody growth, or to cut them down to the stump, between 1 March and 30 September. The reason is the protection of wildlife: during this period birds are nesting and raising their young in hedges and bushes. The ban applies throughout Germany, regardless of whether the hedge stands on private or on communal ground.

What is still allowed during this period

Not every use of the hedge trimmer is prohibited. Gentle shaping and maintenance cuts that only remove the current year's growth are exempt from the rule — in other words, the classic job of keeping a hedge in shape. What is not allowed is the radical cut back into the old wood (“cutting down to the stump”), or removing the plant altogether.

• Allowed (all year round): a light shaping and maintenance cut that only takes off the new growth.
• Prohibited (1 March – 30 September): radical cutting back, cutting down into the old wood, complete removal.
• Always allowed: removing dead parts of plants, as well as measures ordered by the authorities — if in doubt it is worth checking with the responsible nature conservation authority.

Who is liable for a breach?

Breaches of § 39 BNatSchG are regulatory offences and can be punished with fines, the amount of which varies depending on the federal state and the individual case. In residents' associations, responsibility usually falls on the person or company that actually commissioned or carried out the cut — which is why, where a contractor is engaged, a clear agreement about the permitted periods is part of any reputable quote.

What this means in practice for looking after a property

Because the radical cut back is only possible between October and the end of February, it should be a fixed entry in a property's maintenance calendar — not something dealt with only once the hedge is already growing over the boundary or into the pavement. That is exactly what regular grounds maintenance is for: the cut lands in the right window instead of being awarded at short notice under time pressure. The autumn cut back coincides with the leaf season anyway — the duties that apply then are set out in Leaves in autumn: who is responsible — and who is liable if someone falls?.

This information summarises the general rule that applies throughout Germany and is no substitute for a legal review of the individual case — individual federal states and municipalities may have additional rules (for example local tree protection by-laws). If in doubt, it is worth asking the responsible nature conservation authority before any major cutting back.