Tree distances from the boundary in a condominium

When a condominium plants trees, hedges or shrubs in the shared garden, it must respect the distances from the boundary with neighbouring plots set by Article 892 of the Italian Civil Code: three metres for high trees, one and a half metres for low trees, half a metre for vines, shrubs and living hedges. These distances protect the neighbour from invasive roots and excessive shade, and apply regardless of any actual damage. Local building rules and customs may set different figures.

What Article 892 of the Civil Code says

The rule states that anyone planting trees near the boundary must observe the distances set by local regulations and, failing those, by local customs. The statutory distances apply only where neither regulations nor customs provide. The distance is measured from the boundary line to the point where the tree is planted, not from the canopy. The purpose is twofold: to prevent roots from damaging the neighbouring plot and to avoid shade or bulk that compresses its enjoyment.

In a condominium the garden is normally a common part under Article 1117 of the Civil Code, and the duty to respect distances falls on the community of owners, and therefore on the administrator who maintains the common parts. If a shared plant encroaches or sits too close to the neighbour's land, the condominium is liable as the owner-custodian.

Statutory distances by type of plant

In the absence of local regulations and customs, Article 892 identifies three main thresholds. Before acting on the shared greenery it is worth checking them against the cadastral map and the municipal building code, which often sets its own figures.

• Three metres from the boundary for high trees, meaning those whose trunk rises to a considerable height (walnut, chestnut, oak, pine, cypress, elm, poplar, plane and similar species).
• One and a half metres for low trees, whose trunk does not exceed three metres before branching out.
• Half a metre for vines, shrubs, living hedges and fruit trees no taller than two and a half metres.
• One metre for hedges of alder, chestnut or similar plants cut back periodically near the stump; two metres for robinia hedges.

High and low trees: how to tell them apart

The distinction does not depend on the plant's current height but on its nature and on how the trunk develops. Species whose trunk reaches high levels before branching are treated as high trees; those whose trunk opens into branches within three metres are low trees. The classification must be made case by case by looking at the botanical species, because the required distance follows from it. A common mistake in condominium greenery is to measure the distance on a newly planted specimen, when it is still small, only to fall out of compliance as it grows.

Local regulations and customs take precedence

The Civil Code distances are supplementary: they apply only if the municipal regulation and local customs are silent. Many municipalities govern private greenery with specific figures, sometimes stricter for reasons of road safety or decorum. Before planting or challenging a neighbour's plant, the administrator must therefore consult the building code and, where it exists, the greenery regulation. The condominium regulation may also contain rules on planting in the common areas, provided they do not conflict with mandatory law.

The neighbour's remedies: branches and roots

If a plant sits at an irregular distance, the neighbour may demand its removal or setback. But even where the distance is respected, Article 896 of the Civil Code protects those who suffer encroachment: the owner of the plot invaded by overhanging branches may at any time compel the neighbour to cut them, and may themselves cut roots that penetrate their land, subject to regulations and customs. The Supreme Court has clarified that the right to have branches cut is independent of actual damage and is protected in itself.

When the tree causes damage, for example roots lifting the neighbour's paving or falling branches, Article 2051 of the Civil Code on the custodian's liability applies: the owning condominium is liable for damage caused by the thing in its custody, unless it proves a fortuitous event. That is why periodic maintenance of the shared greenery is not just decorum but risk prevention.

Who decides on shared greenery and how to become compliant

Decisions on planting, extraordinary pruning and the possible removal of non-compliant trees fall within the management of common parts. The administrator handles ordinary maintenance; works that alter the garden's layout or entail significant costs must be put to the meeting for a resolution. If an owner reports a plant that is out of distance, it is best to document the situation, check regulations and customs, and schedule the work before the neighbour goes to court.

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