Dead 40m high trees of the neighbor (NRW), is there an imminent danger?

Hello,

a neighbor of a client of mine in NRW is wondering which authority is responsible, as the neighbor is not making any effort to have the dilapidated trees felled. The new building is 20m away.

I have already explained danger in delay to a construction manager several times, but that involved other structures.

Does anyone have tips for me? Neighborhood law in NRW doesn’t seem to recognize something like this?

Thanks!

We (or rather my nephew) called the fire department during heavy rain the other day because a tree threatened to fall, namely onto a playground. They were really there within 10 minutes, and after a quick inspection, the tree (red oak) was cut down in no time. It came down just past the slide. Then it was cut into pieces and removed.

Maybe this could also be a solution for you?

The regulatory office says that it is not a public space. The trees which could fall onto the street have been removed.

If authorities are not responsible, then it goes into civil law. Before hiring a lawyer, one can first request the matter in writing with a deadline. Then off to the lawyer and sue.

But what exactly does "marode" and "Gefahr in Vollzug" mean? Has this condition already been officially assessed by someone with expertise, or is it so far only the opinion of the builder, who is bothered by the trees? Often trees are more stable in storms than one assumes.

Oh yes, even if the tree falls on the house, the homeowner's residential building insurance pays first. At least from this side, the builder is financially secured.

That is exactly the question of whether an authority is responsible.

If necessary, one may even have to obtain permission for cutting down a tree.
In that case, the building authority involves the green or nature conservation authority.

I only deal with building permits in RLP or HE. I haven't encountered anything like that in NRW.

Of course, there will always be the civil law route. That is usually what the building authorities try to do.
Only if I, as an architect, declare danger in delay, the authorities are not exempt from liability, and things do start to move.

Hello

40 meter high trees?! Is that in Canada?
From below, 15 meters already looks quite tall.
But seriously: such a dead tree is a hazard. The neighbor is liable. I would talk to him about it. Maybe he does not realize the seriousness of the situation. And after you have talked to him, there is no argument for him to avoid liability.

Steven