Height Restrictions

Wednesday, 18 September 2013

Questions (868)

Andrew Doyle

Question:

868. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will provide an update on legislation to deal with height restrictions on hedges and trees on both public and private land; if a person is entitled to a view from their property they previously had; the discussions he and his Department have had with other Departments on this matter to find a legal remedy to situations like these; and if he will make a statement on the matter. [37014/13]

View answer

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

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 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 Equality 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.