Buy land with trees or rather not?

Hello,

I am new here in the forum and have until now only read the posts. I have been dealing with the topic of building for 6 months and have learned a lot through the posts here in the forum. Thanks for that.

Now to my question. In our city, a plot of land is being offered, which is very good in terms of layout and location, but the price is above the standard land value. I am willing to pay the price, but I am very uncertain because the plot has tree coverage.

The plot is fully developed and one can build according to §34 after purchase, there is no development plan at the city administration, or I cannot find it online. Since the trees have to be removed for building, I looked at the city's tree protection order, but I do not really understand it. Here is an excerpt:

In the area of the city [...] all trees outside of house and small gardens are protected under this statute.
2. Protected are economically unused trees with a trunk circumference of 60 or more centimeters, measured at a height of 100 centimeters above ground level. From 40 cm trunk circumference, Amber tree, Tulip tree (Liriodendron), Mulberry tree, Service tree, Hawthorn, Holly as well as Yew and from 30 cm trunk circumference are trees in characteristic groups, avenues and rows of trees protected. In multi-stemmed trees, the sum of the trunk circumferences is decisive.
3. Regulations of development plans or legal ordinances according to the State Care Act remain unaffected by this statute.

I understand this to mean that I am allowed to cut down the trees on the plot because they belong to the house garden, or do I misunderstand that? Is an undeveloped plot considered a house garden or not?

The city can also order that the trees must be protected if a construction measure is imminent. Furthermore, in the building application the protected trees must be marked. Of course, it is not clear whether the trees on the plot I want to buy belong to the protected ones or not.

Best regards.

danielo

More and more tree protection regulations are being overturned. In times of small plots, these are no longer appropriate. In the worst case, you have to do a few small replacement plantings. You are always allowed to fell trees within the building area. If there are only a few and smaller trees, you can also create facts... If the plot is otherwise suitable, you should go for it. You can forget the standard land value. The market price is almost always significantly higher.

Does this really apply to all types of trees? What kinds of trees do you have and what is their girth (or diameter)?

In the area of the city [...] all trees outside of private and small gardens are protected according to this statute.

I read this as meaning that there is no tree protection in your private garden. However, the excerpt does not clarify how the paragraphs are linked: whether both conditions must be met, or just one.

Tree stock would always be a clear point IN FAVOR of the property for me ;). Solutions can usually be found in these cases, often including replacement plantings. Otherwise, tree stock is definitely to be seen as very positive.

Which trees specifically are protected in your city and require replacement planting, you can usually find out directly from the responsible authority or from local nurseries (they often do the replacement plantings and know it from experience). In Munich, for example, this was the Lower Environmental Protection Authority, which has a very extensive set of rules. In practice, we then had to have a tree inventory plan created by an expert (which was arranged for us by the architect), who recorded all the trees and determined their species and size. In Munich, only certain trees are protected and require replacement plantings (basically all traditional and older tree species, fruit trees and lilac bushes, but not, for example, certain others). How many depends on which caseworker approves the building permit and the tree inventory plan :) Our planner initially entered 5 replacement plantings, but since that was clearly too many for us, he tried with one replacement tree and it was approved (after all, it all costs money and we want to decide ourselves what we plant). So if you know someone who knows a lot about trees and you can take another look at the property in peace, you can relatively easily estimate how many of them are protected and require replacement planting. However, if there is no 100-year-old, meter-high old oak on your property, which you definitely would not be allowed to fell, I wouldn’t let the trees hold you back. Replacement plantings can cause annoying additional costs, but compared to all other costs and the scarcity of land, they are a joke.

Does this really apply to all types of trees? What kinds of trees do you have and what is their circumference (or diameter)? I read this as meaning that there is no tree protection in your home garden. However, the excerpt does not clarify how the paragraphs are linked: whether both conditions must be met, or just one.

The first and second points belong to the same paragraph, so they are connected. Then I understand it as meaning that I am allowed to cut down the trees. I don’t yet know what kinds of trees are there at all. I will take a look at it this week. Most of them are quite slim. There is one very large one at the back that can be preserved. I have counted about 7 trees that need to be removed.