Written answers

Tuesday, 24 September 2013

Department of Environment, Community and Local Government

Hedge and Tree Height Restrictions

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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378. To ask the Minister for Environment, Community and Local Government if he will consider the introduction of a minimum distance for landowners who plant trees on the boundaries of existing houses. [39167/13]

Photo of Noel HarringtonNoel Harrington (Cork South West, Fine Gael)
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404. To ask the Minister for Environment, Community and Local Government his plans to introduce legislation or regulations regarding the height of hedging or trees that form a boundary fence and are blocking light to neighbouring residences; and if he will make a statement on the matter. [39483/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 378 and 404 together.

There 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 trees 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.

I currently have no plans to introduce legislation on this matter.

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