Development plan - preservation of shrubs - comprehension question

Hello everyone,

I might have a plot in sight... if so, I have to give my commitment quite quickly.

The plot is about 600 sqm with dimensions of 18x33m... "Problem": At the rear area there is an 8-meter-wide strip where "shrubs" stand, which - if I understand correctly - are to be preserved. Additionally, more planting is to be done there.

The shrubs are easily 6 meters high and with 8 x 18 meters, about 144 sqm are lost. You are not allowed to build there - in the end, you are just buying scrub for 144 sqm x price ;)

Text in the development plan:

9. Plans, usage regulations, measures and areas for measures to protect, maintain and develop nature and landscape
(§ 9 Abs. 1 Nr. 25 letter a and b Baugesetzbuch)
Delimitation of areas with restrictions for plantings and for the preservation of trees, shrubs and other plantings, as well as areas simultaneously for planting trees, shrubs and other plantings, see text specification No. ....

The aforementioned text specification here:

Area with restrictions for plantings and for the preservation of trees, shrubs and other plantings as well as simultaneously area for planting trees, shrubs and other plantings (§ 9 (1) No. 25 a) and b) Baugesetzbuch) Within the area with restrictions for plantings and for the preservation of trees, shrubs and other plantings as well as simultaneously area for planting trees, shrubs and other plantings, site-appropriate trees, shrubs and bushes pursuant to § 9 (1) No. 25b Baugesetzbuch must be preserved.
In addition, according to § 9 (1) No. 25a Baugesetzbuch, site-appropriate deciduous woody plants as standards planted twice with a height of 150 to 175 cm and shrubs, planted twice, height 80-100 cm, must be planted.

Questions:

[*]Do these really tall (6 meter) and wide (8 meter) shrubs have to be preserved?
[*]Are you not allowed to prune them in height or width?
[*]Additionally, does the described planting have to be done in this area?
[*]What does "planted twice" mean?
[*]If the excavator "accidentally" hits them while preparing the ground, will there be serious trouble?

I am just surprised that the price per sqm is as high as for plots that do not have such a zone in the end. Of the 600 sqm, only about 450 usable remain in the end.

Planting obligation strips are planting obligation strips, period. Unless you are incredibly unlucky, this plot area still counts towards the floor area ratio. I do not see a tree protection ordinance for shrubs arising from this, nor is the regulation intended to promote bush encroachment. A Sleeping Beauty thicket is regularly not meant to be protected by this. By the way, I have never seen six-meter-high shrubs. Don’t complain, 450 sqm of usable building land is considered a kingdom nowadays, except for the Ponderosas in MeckPomm or the Brandenburg prairie.

I also thought it looked more like thin trees, but it doesn't matter whether they are shrubs or trees - they are 6 meters tall and "site-appropriate trees, shrubs, and bushes are to be preserved."

Hm. I'm not complaining at all. If they could be trimmed to 2 meters in height, that would still be okay.... but at that height and especially 8 meters (!) in depth, I find it borderline. After all, I'm buying 600 sqm... not building anything there is perfectly fine with me, but the terrace or the green area will then be quite limited.

I think it’s already good if someone looks at the development plan BEFORE buying.

Go to the building authority and ask if someone nice from there will go with you to the plot or take a photo, and discuss it together. What is possible, what must remain. If you prune a 6-meter tree down to 2.5 meters, it probably has no chance of survival anymore. If they are shrubs and you are allowed to prune them that low, it looks different. Imagine buying such a plot and then still having to plant.

Just don’t “accidentally” destroy it, that is not appreciated at all and can become very expensive.

On the other topic, that you then have so many square meters of wasted building land. Look at it positively: better songbirds and squirrels as garden neighbors on your own plot than a row of old glass containers and clothing collectors that the municipality puts right in front of your nose.

Your plot would be luxury for me, even with planting obligation strips as already wrote. The planting strip is almost as big as my building site, but that doesn’t help you now either.

You are not allowed to build anything -

You are only allowed to build within the building area anyway. Setback distances must generally be observed. Or do you think all our houses stand on paid ground area and the garden around it is free?

In the end, you only buy shrubs for 144sqm x price ;)

Shrubs are d... expensive. Others would lick their fingers for plots if there were trees on them. You seem to already have a nice privacy hedge on yours – you pay several thousand euros for that if you go to the nursery.

Of the 600sqm, only 450 usable remain in the end.

See above.

"species-appropriate trees, woody plants and shrubs are to be preserved".

Means: do not dig out, do not poison, do not cut down or knock over. You may support and trim them.

Thank you for your answers.

I already think it's good if someone looks at the development plan BEFORE buying.

How can you buy something without looking at it?

Go to the building authority and ask if someone nice from there will go with you to the property or take a photo, and discuss it together.

Good idea, thanks!

You are only allowed to build within the building area anyway. Boundary distances must generally be observed. Or do you mean all our houses stand on paid land area and the garden around it is free?

Yes, that's what I thought, silly me. Seriously: No, I'm not stupid... but if you have 8 meters in the back, you can put a climbing frame there... or a shed... trampoline... whatever. For me, the property effectively ends 8m further in front.

Scrub is damn expensive. Others would be licking their fingers over plots if there were some trees on them. You seem to already have a nice privacy hedge there - you pay several thousand euros for that when you go to the nursery.

6 meters high privacy hedge that doesn’t stay green in winter? I know what you mean - sure, a natural border can be pretty cool too. But it really is ugly "scrub" and very tall and overall looks overgrown. Unfortunately, I don’t have a photo, I think then my concerns would be clearer.

Means: don't dig out, don't poison, don't cut down or knock over.
You may support and trim it.

That's already good. Thanks.