An important element of the cultural heritage of Poland are the monuments of garden art which should be protected due to their cultural, historic, artistic, natural and scientific values. Their uniqueness is a result not only of architectural and spatial structure but also the natural one in the form of vegetation arrangements. It is thus worth it to analyse binding acts of law and see to what extent they undertake the issue of nature preservation in historic garden sites. The analysis of past and current legal regulations as well as the survey of literature showed a lot of vagueness and ambiguity. First of all, it revealed the lack of precision present in legal documentation and shortages in the preservation of historic parks and gardens, especially of their surroundings and vegetative structure.