Different countries, different customs – and also different laws. While trees exist in almost every country in the world, the regulations regarding their care and inspection can vary significantly. Below, we take a look at the legal regulations for tree inspection in Germany, Austria, and the USA: Where are the differences, and where are the similarities?
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Legal Regulations in Germany
In Germany, tree inspection is regulated, among other things, by the “duty to ensure public safety”. This means that every tree owner, whether private or public, is responsible for ensuring that their trees do not pose a danger to third parties.
Private individuals are also liable if a tree is visibly diseased and thus potentially hazardous. In such cases, they are required to take appropriate measures.
Trees in public spaces must also be inspected regularly, for example by municipalities or commissioned professional companies. However, there is no specific law that mandates how often these inspections must occur. In practice, professionals rely on recognized standards and guidelines, such as the FLL Tree Inspection Guidelines from the Research Society for Landscape Development and Landscaping (Forschungsgesellschaft Landschaftsentwicklung Landschaftsbau e.V.). These guidelines provide clear recommendations on where, how, and to what extent trees should be inspected and how the results should be documented. The FLL guidelines are considered state of the art and are used by most courts as a professionally recognized basis in liability cases.
Tree Inspection in Austria
In our neighboring country, a specific tree regulation was introduced in the General Civil Code under paragraph §1319b. This governs the liability of the tree holder for damages caused, for example, by falling trees or branches. According to this, the tree holder is liable for damages resulting from neglecting inspection and safety duties.
Similar to Germany, Austria has no legally binding inspection intervals but recognized guidelines and standards that are considered professional norms. These include the ÖNORM standards and technical guidelines.
An example is ÖNORM L1122, which describes a visual inspection from the ground. In this process, basic trunk data as well as damages to the tree are recorded and assessed.
Overall, the legal situation in Austria is thus quite comparable to that in Germany.
Differences in the USA
In the USA, the legal situation and regulation look somewhat different from those described above. There is no nationwide regulation; rather, responsibility lies decentralized with municipalities or cities.
Nevertheless, the legal principle of “Duty of Care” from common law applies here as well, which obliges owners or responsible parties to take measures to prevent damage or injury to third parties.
A similarity with other countries is the recognition of the ANSI A300 standards, which are considered the standard for tree care and inspection.
As in almost all fields, the legal regulations for tree care and inspection vary worldwide. We look forward to hearing your experiences with this topic on social media!
