COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 11, 2023

QUESTION NO. 2

QUESTION: Councillor T. Costello

To ask the Chief Executive to confirm if there is a process of enforcement whereby owners must ensure the trees on their property are pruned or removed (if dangerous). 

REPLY:

Property owners are required by law to maintain any trees on their property to ensure that they do not pose a hazard to members of the public or to adjoining property.  If tree branches are protruding beyond the property boundary then the owner of a neighbouring property is entitled to prune these back to the boundary line, as long as they are interfering with the property and causing nuisance.  Where a dispute arises between adjoining landowners the Council has no role in resolving such an issue, it is for the adjoining property owners to resolve and this can be done through the courts if necessary.

Section 70 (2) (a) of the Roads Act 1993 provides that the owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on their land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road. The Local Authority may notify the owner of a tree, shrub or hedge in writing if the tree is or is likely to be a hazard and can require the owner to take appropriate action.