What applies now

New tree liability puts an end to scary cuts

Until now, there has been no specific regulation for situations like this. Out of panic about the strict liability, trees were hastily cut and felled as a precaution. This should stop in future.

(Bild: stock.adobe.co – santiago silver)

Oops, and the branch lands on a parked car. Well meal, big damage! In the past, the tree owner had to prove that they were not to blame for the falling branch - with a new provision on tree liability for personal injury and property damage, things will be different in future. Read here to find out what it looks like, which trees it affects and when it applies!

Previously, there was no explicit regulation on tree liability: "This is why building liability was extended to cover damage caused by trees and falling branches," says lawyer Martin Bleckmann. However, this was also accompanied by a tightening of liability and a reversal of the burden of proof: "The tree owner had to prove that he had taken the objectively required care in order to be exempt from liability."

However, the fear of strict liability led to so-called scare cuts: "For example, trees along roads and paths were often felled across the board with reference to a supposed risk of liability, although such a far-reaching measure would not have been necessary from a safety point of view," says the expert.

Many trees that were of particular ecological value due to their advanced age also fell victim to the liability panic. The new provision is intended to stop such senseless "fearful pruning" in future. "The new Section 1319b of the Austrian Civil Code (ABGB) created for this purpose will come into force on May 1, 2024," says Bleckmann. It will look like this in future: