Does the municipality determine planting in private gardens?

Questioner

My landlord claims that the municipality can simply decide which greenery should be removed from my garden. For example, Portuguese laurels and low shrubs. The neighbours have no interest in this at all. Can that just happen?

Lawyer

In general, you decide which plants you have in your garden, taking into account the rules in the Civil Code regarding, for example, overhanging branches. However, there are situations in which a municipality can intervene. For example, a municipality can impose requirements on the planting in a garden if a zoning plan prescribes this. A zoning plan can impose restrictions on the nature of the planting, its height or the preservation of certain landscape values. It is always possible to view a zoning plan at the municipality, so that you can check whether there are such regulations. It is also possible that the plants in your garden pose a threat to public safety, such as unsafe situations on public roads. This could include plants that obstruct the view at intersections. Thirdly, there may be a conflict about the property boundary. You have the right to plant plants and shrubs up to the property boundary, provided that they are not higher than 2 metres. Trees must be planted at least 2 metres from the property boundary, unless the municipal by-law stipulates otherwise. If this causes a conflict, the municipality can also intervene. So it depends on the specific situation whether the municipality can require planting in your garden. If you are unsure whether this is the case for you, it is advisable to contact the municipality for more information, or to have this investigated further by a legal aid worker.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer