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Pruning trees in a condominium: rules and timing

Pruning trees in a condominium involves meeting decisions, legal distances, expense allocation and liability for damage. Here are the rules, the right seasons and who is liable if a branch falls.

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Pruning trees in a condominium is one of those maintenance items that seem trivial until a branch falls on a car or a neighbour complains about excessive shade. Common greenery needs regular care, respect for legal distances and decisions taken in the correct form. Knowing who decides, when to act and who pays avoids disputes and liability.

Who decides on pruning trees in a condominium

Trees standing on common areas, such as the garden or courtyard, are common property, and their care falls within the duties of the administrator and the meeting. Ordinary pruning, aimed at keeping the plants healthy and safe, is part of normal maintenance. More invasive work, such as felling or a drastic reduction of the canopy, is extraordinary in nature and must be resolved by the meeting with the required majorities.

The right season for pruning

The best time to prune is during the vegetative rest, typically in winter, when the plant is less exposed to stress. It is important to avoid excessive cutting and to concentrate the work in the correct periods: in winter, snow building up on the branches can cause breakage and damage, so timely pruning reduces the risk. The schedule should still be adapted to the species and to local conditions.

The distances of article 892 of the Civil Code

Article 892 of the Civil Code governs the distances of trees from the boundary. In the absence of municipal regulations or local customs providing otherwise, the minimum distance from the boundary is three metres for tall trees and one metre for trees that are not tall. Pruning also serves to keep the vegetation within limits compatible with these distances and with the neighbour's right not to suffer encroachment.

Branches and roots that cross the boundary

When branches extend over the neighbour's land or roots invade it, the Civil Code gives the neighbour the right to ask for them to be cut or to deal with the roots directly. In a condominium this translates into a duty to maintain the common plants so as not to harm neighbouring properties or the exclusive properties of individual owners.

How expenses are allocated

The costs of pruning, maintenance and any felling of common trees are allocated among all owners in proportion to the millesimal shares, unless different criteria are set by the regulation or by specific agreements. As these are common assets serving the whole building, the cost falls on all owners and not only on those overlooking the garden. An exception applies where the garden is the property or exclusive use of a single owner: in that case the costs of caring for the plants follow the title to the asset and not the general millesimal allocation. Before allocating, it is therefore worth checking who really owns the green area, because a wrong allocation is one of the most frequent causes of challenges to the financial statement.

Liability for damage

The condominium, as custodian of the common plants, is liable for damage caused by trees that are not adequately maintained. If a branch or a whole plant falls and causes damage to people or property, the condominium may be held responsible. A weather event stronger than the seasonal average does not in itself exclude liability when the damage was foreseeable and avoidable with more careful maintenance. Regular pruning is therefore also a risk-prevention tool.

Pruning is not only about looks: it is maintenance, respect for distances and prevention of damage.

Regulation and constraints to check

Before planning any work it is wise to check the condominium regulation, which may contain clauses on the common greenery, and the local rules. Many municipalities govern the care of greenery with their own regulations and in some cases require authorisation for major pruning or felling. If the building lies in an area subject to landscape protection or the trees are protected, specific clearances may be needed. Ignoring these steps exposes the condominium to penalties as well as to challenges.

Relying on qualified professionals

Work at height or on large plants should be entrusted to qualified gardeners and arborists with adequate equipment and insurance. A detailed quote, a description of the work and the documentation of the appointed firm protect the administrator in the event of disputes and make it possible to prove diligence in maintenance. For extraordinary work, the choice of supplier must in any case be traced back to the decisions of the meeting.

Planning greenery maintenance with software

Care of the common greenery is easier to manage when deadlines, quotes and payments to gardeners are tracked alongside the rest of the accounts. Management software lets you plan seasonal work, keep supplier documents and allocate expenses automatically across the millesimal tables. AmministraPro keeps maintenance, suppliers and allocations together in a single environment: you can see how it works on the features page or compare the plans in the pricing section.

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