Dáil Éireann Debate, Tuesday - 16 April 2013
802. Deputy Aodhán Ó Ríordáin asked the Minister for the Environment, Community and Local Government if there are laws on the size and height of trees and hedges in urban areas; and if there is a complaints process for citizens who feel their light and stability of walled structures are threatened by trees owned by neighbours. [16766/13]
Amharc ar fhreagraThere is no legislation in Ireland regulating the height of trees and hedges. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy of nuisance available in respect of the branches or roots of a neighbour’s tree encroaching on one’s property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour’s high trees or hedges.
While I have no plans to introduce legislation on this matter I wrote to my colleague the Minister for Justice and Law Reform suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter. I am currently considering his reply.
