Boundary distance building plot / forest

No, only that I am supposed to come to an agreement with the forest owner through private law. I have tried this, but he has shown no understanding that the trees extend up to the property boundary. Therefore, I am looking for a solution within the law.

Sorry, I still don't understand.

What exactly does the building authority say, why is building (the building permit) being denied to you and on what legal basis?

The trees on the neighboring property shouldn't matter to you.

If the trees cause impairment due to "overhanging" branches or roots, the disadvantaged party should refer to § 910 Building Code in conjunction with § 1004 Building Code and § 812 Building Code. However, this is only for a theoretical case that is exactly like yours.

You should consult a professional in the advisory professions, in this case a lawyer.

The building authority or the forestry office have forestry law concerns - that is the statement without taking the law or regulation. Only the safety distance because of the forest is too small. From a planning law perspective, construction is possible.

Unfortunately, I have no money for a lawyer, so I try to come to an agreement or argue with the forest owner based on the legal situation.

But which law applies here at all? OBI, neighbor law, or some forestry law?

No, only that I am supposed to come to an agreement with the forest owner through private law. I have tried that, but he has shown no insight that the trees extend up to the property boundary. Therefore, I am looking for a solution in the law.

I actually believe that the Neighbor Law applies here. The oral agreement with compliance to the regulation did not work. The next step would be a written reasonable deadline for the removal of the overhanging branches, etc., possibly a clearing... well, as stipulated by the above-mentioned paragraph. If that does not work, then an arbitration court must pronounce the law.

I found something online here, source Haus-und-Grund, interesting is the passage about the statute of limitations – that does not look good for you:

... "... will be granted if a so-called conciliation procedure has previously been conducted before a recognized conciliation authority (lawyer, notary). Attention: The statute of limitations for such claims is 5 years. This also applies if the property was only acquired later and the buyer was therefore unable to timely object to the violation of the distance regulations.

After the statute of limitations has expired, the cutting back of a tree can only be demanded in exceptional cases under the aspect of the neighborly community relationship (§ 242 Building Code). According to the Federal Court of Justice, this may be the case if unusually severe and no longer tolerable impairments arise from the tree, e.g., through massive shading of the neighbor's house, and the cutting back is reasonable for the tree owner, e.g., if the affected house must have electric light turned on during the day due to shading, or if TV reception is disturbed due to radio wave shielding caused by the height growth of the neighboring trees (BGH, judgment of 06.02.2004, V ZR 249/03, DWW 2004, 126)."

Regards

Again: if it’s about building (house construction), the state building regulations apply, not neighborhood law. If you own a forest, you have to establish a boundary with your neighbor, then refer to neighborhood law

Both legal sources apply!

However, a forest plot cannot be a building plot or only for so-called privileged construction projects, but not for a single-family house.

Ergo, the Neighborhood Act NRW does apply, but §40 can be neglected or only concerns the adjacent forest plot. Although the requirement is quite nonsensical. Your house would have to keep a large distance from the forest anyway; whether the tree is 30m or 31m away ultimately does not matter.

Regards
Dirk Grafe

That’s exactly what I was trying to get at with my post. As far as I know, you have to maintain a protective distance of 30m from a forest.

So you want to build on a building plot next to a forest (regardless of whether it is privately owned or not). But you have to keep a minimum distance of 30m. Now the neighbor could, of course, remove the trees at the boundary so far that the 30m are maintained. It is still considered forest at the boundary on the land use plan, but the forestry office then sees that there are no trees there and counts the 30m from the actual wooded area.

At least, I could imagine that this is what is meant.