Liability defused

New law aims to protect trees and their owners

Shade providers and oxygen producers: Trees provide a better microclimate in cities and communities.(Bild: stock.adobe.com – www.tanja-esser-auftragsatelier.de)

At the instigation of the city of Baden, the federal government has eased tree liability. This should drastically reduce the number of so-called scare cuts in the municipalities and thus make Lower Austria a little greener.

It is clear that trees are of great importance for the urban climate. Not only do they provide important shade, they also play the role of natural air conditioning thanks to evaporation under the canopy. However, local authorities often have no choice but to saw the trunks down for safety reasons.

This not only results in unsightly tree ruins, but also in high financial costs. After all, a newly planted street tree can cost up to 30,000 euros. This is now a thing of the past.

Having a good laugh: Krismer and Zadic (right) at the presentation of the law.(Bild: Grüne NÖ)

As of May 1, the legal tree liability for municipalities was eased. This was announced by Minister Alma Zadic together with Green Party leader Helga Krismer in Baden. The spa town had previously passed a corresponding resolution to the federal government. "We have around 10,000 trees in our town. I am glad that we can now protect them better," says Krismer, who is also deputy mayor in Baden.

Municipalities often cut down many trees for fear of claims for damages. The new law should help here.

Justizministerin Alma Zadic (Grüne)

Zadic summarized the most important changes: "In future, there will be a reversal of the burden of proof, which should strengthen tree owners. In addition, they are no longer liable for all conceivable damage, but only if the tree falls over or branches fall down." Remote trees now also have to be checked less frequently than those above footpaths or in front of kindergartens. And: The desired condition as a "natural tree" is also enshrined in the legal text for the first time.