Building permit problems due to the nature conservation authority

  • Erstellt am 2022-06-23 13:19:10

Saldier

2022-06-23 13:19:10
  • #1
Hello dear forum,
we are hoping for your collective knowledge here.
We have the following problem:
We submitted a building application for a single-family house in Brandenburg, after having a positive preliminary building permit.
Now the nature conservation authority has intervened and requested an expert report on the biotope and species protection. This has now been done, whereby it was observed that 2 trees in the building area form a "special habitat" and are worth protecting. However, both trees must be felled for the house construction. Now the question arises who has the final say?
To my knowledge, the building authority decides on the felling permit within the framework of the building application. But how much influence does the lower nature conservation authority have? Can the building authority still approve the felling even if the report states that the felling should not take place due to the special habitat?
Have you ever had such a case?
We would be glad to hear about your experiences and how they ended. We hope that our house construction cannot suddenly be stopped because of something like this.
Thanks in advance for the help
 

ypg

2022-06-23 13:39:49
  • #2
Usually the public interest, not the personal one. It is annoying, but fortunately there are houses that can be planned next to trees. And that you can plan _around_ trees is shown by with his house next to the oak tree that stands in the middle of the property.
 

Neubau2022

2022-06-23 13:56:10
  • #3
We also had to commission a nature conservation survey before the construction. The surveyor discovered nests in a few trees that were planned to be cut down because the house was to be built there, but the nests were not inhabited. The forestry authority approved the felling. We only had to install a few birdhouses and one bat house in the remaining trees. We also had to carry out the felling within the permitted time (I believe it was February - October). Normally, you get a special permit for house construction, but this was not possible.

By the way, we are building in Brandenburg, near Potsdam.
 

ypg

2022-06-23 13:58:25
  • #4

Maybe you are neighbors? And the tree problem can be solved so easily?!
 

Tolentino

2022-06-23 14:00:57
  • #5
Attention important, exactly reversed: October - February. Otherwise, there will be trouble.
 

Saldier

2022-06-23 14:08:27
  • #6
That reassures us a bit that we might be lucky and the decision will be the same for us. Would like to pm you but don't have enough posts yet.
 

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