Does the same minimum distance for trees apply throughout Switzerland?

No. The ZGB only regulates the framework (Art. 688 ZGB explicitly delegates the detailed design to the cantons). Each canton has set its own distances in its introductory act (EG ZGB). For a tall-trunk walnut tree, the range goes from 4 m (e.g. SG for tall-trunk fruit trees) to 8 m (ZH and ZG). Anyone planning should always consult the EG ZGB of the relevant canton.

What is the difference between the right of cutback and the removal claim?

The right of cutback (Art. 687 ZGB) is federal law and only covers overhanging branches and intruding roots that damage your own property. You may cut these — after an unsuccessful written reminder with deadline — up to the property boundary. The removal claim, by contrast, is aimed at the whole tree or the whole hedge if the cantonal minimum distances are violated. For the removal claim, the cantonal prescription periods apply — for the right of cutback they usually do not.

When does the right to have a too-close tree removed prescribe?

Prescription is highly variable by canton: Solothurn 3 years, Zurich and Bern 5 years, Lucerne 10 years, Aargau de facto up to 30 years (general forfeiture of the right to act), Zug none at all since the 2016 revision. Important: the period generally begins with planting — or, in case of later change of ownership, depending on the canton, from takeover. Even after the period expires, in most cantons the neighbour can still demand cutback to the permitted maximum height.

May I simply saw off overhanging branches?

Not straight away. Art. 687 ZGB requires three conditions: first, your property must be significantly damaged (mere nuisance from falling leaves is not enough); second, you must request the owner in writing and set a reasonable deadline (recommended by registered mail); and third, you may only cut up to the property boundary. Anyone who saws without these conditions risks a damages claim and possibly a criminal complaint for damage to property.

Must I go to court — or is there a simpler way?

In all Swiss cantons, mediation proceedings are mandatory before a civil action (Art. 197 ff. ZPO). For neighbourhood-law disputes, this takes place before the justice of the peace or the competent mediation authority. About 60 to 70 percent of all cases are resolved here without court proceedings. Only when no agreement is reached can a lawsuit be brought before the district court (or regional court). The prior written correspondence (reminder, deadline) is important for the mediation.

Boundary Distances for Plants, Trees and Hedges: A Cantonal Comparison

Q: What role do municipal tree-protection ordinances play?

About 200 Swiss municipalities have issued a tree-protection ordinance that places individual trees or entire tree stocks under protection. In the city of Zurich, for example, every tree with a trunk circumference of 100 cm at one metre height has required a permit since 2023 (for multi-stems from 80 cm per stem or 120 cm total). If a tree is protected, the removal claim can fail despite a cantonal distance violation, or at least be delayed. The permit for felling must be obtained from the municipality.

Q: What applies to hedges between two private properties?

For green hedges, separate rules apply in almost all cantons, prescribing a minimum distance from the boundary (typically 50 to 60 cm) as well as a height limit. In Zurich: hedges must be half their height away from the boundary, but in any case at least 60 cm. In Canton Aargau, the height in building zones is limited to 1.80 m. In Geneva, staggered heights apply depending on distance (2 m at 0.5 to 2 m distance, 6 m at 2 to 5 m, 12 m at 5 to 10 m). Anyone who does not explicitly limit the height generally has to trim at least to 'twice the distance'.

There is no nationwide minimum distance: Art. 688 ZGB delegates the specific distances to the cantons, so all 26 have their own rules in their cantonal introductory act (EG ZGB). Typical values are 50–60 cm for small shrubs and 4–8 m for tall-stemmed trees — a walnut tree requires 8 m in Zurich and Zug, but only 4 m for tall-stemmed fruit trees in St. Gallen. The limitation period for the removal claim also varies widely: from 1 year up to around 30 years, or none at all.

Does the same minimum distance for trees apply nationwide?

No. Art. 688 ZGB expressly leaves the detailed distances to the cantons, which is why all 26 have their own rules in their EG ZGB. For tall-stemmed trees, the range runs from 4 m to 8 m: walnut/chestnut/poplar require 8 m in Zurich and Zug, 6 m in Aargau and Lucerne, 5 m in Bern. Small shrubs and dwarf trees are usually at 50–60 cm from the boundary. Measurement is taken from the property boundary to the centre of the trunk.

When does the right to have a tree planted too close removed expire?

The limitation period for the removal claim differs greatly from canton to canton: Solothurn 3 years, Zurich and Bern 5 years each, Lucerne 10 years, Obwalden 2 years, Uri 1 year for shrubs. Aargau has no statutory deadline (effectively around 30 years of forfeiture), and Zug none at all since the 2016 revision. The period begins with the planting — in some cantons such as Aargau it restarts upon a change of ownership. Even after expiry, cutting back to the permitted height remains claimable without limitation.

Can I simply saw off overhanging branches?

Not immediately. The right to cut (Kapprecht) under Art. 687 para. 1 ZGB is federal law and requires three conditions: a significant harm to your property (mere falling leaves is not enough), a written request with a reasonable deadline (advisably by registered letter, usually 30 to 90 days), and a cut only up to the property boundary. Anyone who saws without these conditions risks a claim for damages and possibly a criminal complaint for property damage.

What role do municipal tree protection ordinances play?

Around 200 Swiss municipalities — including Zurich, Bern, Basel and St. Gallen — protect trees above a certain trunk circumference. In the city of Zurich, blanket protection has applied since 2023 for trunks from 100 cm in circumference at 1 m height (for multi-stemmed trees from 80 cm per stem or 120 cm total). Nature conservation law takes precedence over neighbour law: a protected tree often remains standing even if it violates the cantonal distance. Felling without a permit costs up to CHF 40'000 in Zurich.

Do I have to go to court — or is there an easier way?

In all cantons, conciliation proceedings are mandatory before a civil action (Art. 197 ff. ZPO), usually before the justice of the peace (Friedensrichter) or the conciliation authority (Schlichtungsbehörde). Around 60 to 70 percent of all cases are resolved here without court proceedings, with costs usually between CHF 100 and 400. Only if no agreement is reached does the action at the district court follow. Prior written correspondence with a reminder and the setting of a deadline is important.

What applies to hedges between two private properties?

Hedges have their own rules almost everywhere, with a minimum distance (typically 50 to 60 cm) and a height limit. In Zurich, hedges must be set back from the boundary by half their height, but at least 60 cm. In Aargau they are limited to 1.80 m in height within building zones. In Geneva a graduated scale applies depending on distance: 2 m at 0.5 to 2 m, 6 m at 2 to 5 m, 12 m at 5 to 10 m. Where no height is explicitly limited, you usually have to cut to twice the distance.