What distance must there be between trees and a neighbouring house?
In Catalonia it depends on the type of property. Between farmland plots, the “Código Civil de Cataluña”, the Catalan Civil Code, requires trees to be planted at least two metres from the boundary and shrubs at least one metre. For houses and gardens it sets no distance in metres, but prohibits having a tree so close to the fence, or to the balconies and windows of the flats above, that it allows someone to climb it and get in. The figures of two metres for trees and 50 centimetres for shrubs that are repeated on the internet are those of the Spanish Civil Code (“Código civil”), not those of the Catalan code.
Alburquerque Abogados
Between farmland plots
When both properties are used for plantations or crops, the Catalan code requires these distances to be observed:
- Two metres for trees.
- One metre for shrubs.
They are measured from the boundary, which is the line separating the two properties, not from the neighbour's house. If something is planted closer, the neighbour can require the tree or shrub to be uprooted, but only within the three years following the planting. After that period, they can no longer ask for this on the grounds of distance. There are special rules for forestry plantations.
Houses and gardens
For a house with a garden next to another, the Catalan code sets no distance in metres. What it prohibits is having, next to the fence separating the properties, a tree so close that the fence no longer serves its purpose of making access difficult, that is, a tree that allows someone to climb it to get into the property next door. The same rule protects the balconies and windows of upper floors from trees in a ground-floor garden or courtyard. The law gives the neighbour ten years to require that tree to be uprooted or pruned. Before planting, it is also advisable to ask the town council whether its ordinances set any distance.
Even though the Catalan code sets no distance, the neighbour still has other remedies:
- Cutting back the branches and roots that come into their property themselves.
- Requiring measures to be taken, which may go as far as felling, if the tree is dead, leaning or split and threatens to fall.
- Taking action against nuisances that cause them substantial harm and claiming payment for any damage the tree causes.
In most of the rest of Spain, the Spanish Civil Code requires the distance set by local ordinances or local custom to be observed first. If there are none, the distance is two metres from the line separating the properties for tall trees and 50 centimetres for shrubs and small trees, on any type of property. The neighbour can ask for any planted closer to be uprooted.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.