Demolition and new construction according to §34 at the forest edge

Good day,

I am planning to purchase a plot of land. There is currently a house on the plot, built around 1900, which I want to demolish. The house is in very poor condition, so a complete renovation is out of the question. After a phone consultation with the responsible building authority, demolition and new construction is not a problem. To be absolutely sure, I also contacted the building supervision and asked for their opinion on whether there is anything against a new construction. The phone response was that there are major concerns because the property is located at the edge of the forest and the distances cannot be maintained. To be sure, I should talk to the nature conservation authority and submit a building inquiry (which I will do as well).

How do the experts here see this? The place where we want to build consists largely of forest, and many of the existing houses are located at the forest edge. We have not yet purchased the plot, and of course, we will not do so before this point is clarified. Is it possible that after demolition, the land can no longer be built upon? As mentioned, preserving the existing property is not an option.

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As far as I know, there are no legally prescribed distances from construction to forest in Lower Saxony. However, the forestry offices or, in your case, possibly the [Naturschutzamt] could demand tree-felling distances corresponding to the forest distance. In spatial planning programs, distances of 50-100m are usually stated – but these can of course be undershot depending on the forest or tree species/height.

So yes, it is possible that a new construction will be denied. But it can just as well be approved with an appropriate distance. Before purchasing, definitely submit a building inquiry or agree on this as a suspensive condition in the purchase contract.

Thank you for the quick response, I have now submitted a building inquiry. I was on the property again today and took photos, see attachment.

Do you want to rebuild the house in the same place in the same size?

I have roughly marked how we imagine it, but we would build with an architect anyway and are flexible. We would of course align ourselves with the building line and the neighbors as required.

The width of the property is approximately 30-31 meters from boundary to boundary. This means we would have about 15 meters distance to the "forest boundary," with the larger trees standing another 5-10 meters further in.