Liability cleared – New law aims to protect trees and their owners

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At the instigation of the city of Baden, the federal government removed liability for trees. This is intended to drastically reduce the number of so-called fear cuts in the communities and thus make Lower Austria a bit greener.

Trees, that much is certain, are of great importance for the city climate. They not only provide important shade, but also play the role of natural air conditioning thanks to evaporation under the canopy. But municipalities often have no choice but to saw the tree trunks for safety reasons.

This not only results in unsightly tree ruins, but also in high financial burdens. A newly planted street tree can cost up to 30,000 euros. This is over now.

As of May 1, the legal tree liability for municipalities has been canceled. Minister Alma Zadic announced this together with Green Party leader Helga Krismer in Baden. The spa had previously passed a corresponding resolution to the federal government. “We have about 10,000 trees in our city. I am happy that we can now protect them better,” says Krismer, who is also deputy mayor of Baden.

Zadic summarized the most important changes: “In the future there will be a reversal of the burden of proof, which Baumhalter should strengthen. Moreover, they are now no longer liable for all conceivable damage, but only if the tree falls or branches fall.” Remote trees also now need to be checked less often than trees on sidewalks or in front of kindergartens. And: The desired status as a “natural tree” is also anchored in the legal text for the first time.

Source: Krone

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