Preparing the property - Does the fence have legal protection?

Hello everyone,

We are finally getting closer to our dream of owning a home.
We have been gifted a plot of land in Saxony from relatives and are now planning what we need to do before construction (besides felling and transplanting trees).

What is currently unsettling us is the fence.
The plot is surrounded by one of those green wire fences. We want to partially remove and set it aside before starting. After construction, it should be reassembled as it was.

A few years ago (i.e., after the fence was installed by the previous owner), a design statute was introduced that only permits these fences in conjunction with a hedge.

The relevant passage:
Maschendrahtzäune und Drahtgitterzäune zum öffentlichen Verkehrsraum hin sind nur in Verbindung mit einer Hecke zulässig. Es sind nur einheimische Sträucher zulässig, Koniferen sind nicht zulässig. Die Höhe ist auf 1,50 m zu begrenzen.

Does this also apply to our fence? It is older than the statute. However, we have no documents about it.
We would actually prefer not to plant a hedge and had hoped that the fence has 'existing rights'.

Of course, we will still inform ourselves in advance at the responsible building authority, but wanted to gather some information beforehand.

Best regards

Sandrina

Temporarily and partially opening a fence for the purpose of a wider construction site access or for maintenance, I do not see this as endangering its protection status. I would document its existence before opening, and also that it has never been completely dismantled in the meantime. A chain-link fence can certainly be rolled up along with the posts.

Yes and no, the change of use of the property can indeed cause the existing rights of protection to lapse. Inquiries, in writing! at the responsible authority.

Yes and no, the change of use of the property can indeed terminate the existing protection. Inquire in writing! at the responsible authority.

However, it is not entirely clear whether a change of use applies. Is there possibly a demolition house on the property? Aside from that, what speaks against a hedge? It definitely looks better than an old chain-link fence.

Hello everyone, We are finally getting closer to our dream of owning a home. We received a plot of land as a gift from relatives in Saxony and are now planning what we still need to do before construction (besides cutting down and transplanting trees). What is currently unsettling us is the fence. The property is enclosed with one of those green wire fences. We want to partially remove it and set it aside before starting. After construction, it should be reassembled as it was before. A few years ago (after the fence was erected by the previous owner), a design statute was introduced that only permits these fences in conjunction with a hedge. The relevant passage: Chain link fences and wire mesh fences facing public traffic areas are only permitted in combination with a hedge. Only native shrubs are permitted; conifers are not allowed. The height must be limited to 1.50 m. Does this then also apply to our fence? It is older than the statute. However, we have no documents regarding this. We would actually prefer not to plant a hedge and had hoped that the fence has 'grandfathering protection.' Of course, we will inform ourselves in advance at the responsible building authority, but we wanted to gather some information beforehand. Best regards Sandrina

The first important question is: Is it a building plot or forest land that can be converted? For forest land, cutting down trees is hardly possible before construction approval is granted. But even the general cutting down, without prior construction approval, can be made difficult from region to region. In our village, for example, there is a tree statute.

First of all, thanks for your answers.

You can certainly roll up a chain-link fence along with the posts.

I probably expressed myself incorrectly.
This is one of those sturdy thick wire mesh fences, not a chain-link fence. We would have to remove several sections and dig up posts to make space.

However, it is not quite clear whether there is a change of use. Is there possibly a demolition house on the property? Apart from that, what speaks against a hedge? That definitely looks better than an old chain-link fence.

It was previously garden area with a masonry garage, where the lawn tractor and garden tools were last stored.
After the subdivision, the surveyor had it registered as building land. The garage is also noted in the documents.

The property is located in the middle of a village. Most neighbors only have a fence without a hedge. You practically stop at every corner to chat over the fence with the neighbors. We find that very likeable and would like to handle it that way as well.
We would then have a partly secluded garden behind the house (in case we want to be undisturbed) and on the side a part that faces the street.

But also the general felling, without a building permit can be made more difficult from region to region. In our village, for example, there is a tree statute.

We have already clarified that.
We want to fell two old fir trees, which fortunately are not subject to the tree statute here.