"Replacement construction" of a fence no longer permitted according to the development plan

Hello everyone,

as announced in another topic, we are currently in the final stages of acquiring a plot of land. At the same time, I am already planning a bit what we want to do with the property. Now there is an approximately 2m high fence at the upper boundary of the property, opaque, made of dark brown wooden poles. The fence has been there since the 1980s. Due to lack of maintenance in recent years, it is no longer in perfect condition.

Since 2009, a development plan applies in the area, which also contains statements about permitted enclosures. According to this, only open-looking metal and wooden fences, chain-link fences, or hedges are allowed. Particularly not allowed are enclosures with large-area privacy panels made of metal, wood, or other materials, as well as enclosures made of concrete blocks. So what is currently there has explicitly not been allowed since 2009.

The city already demanded the owner several years ago to dismantle it. Due to the fact that the fence was demonstrably erected well before the introduction of the development plan, it currently has grandfathering protection. According to the seller, a replacement new construction of the same type would also be possible. If that is the case, what would be allowed then? Really only 1:1 - but new? Or would it also be conceivable to keep the height and switch to a double rod mesh fence with privacy strips?

Are there any experiences here? Thanks to you all in advance!

Does it really have to be new? So is it just no longer nice or is it dilapidated? The other thing I would ask the building authority. As far as I know, it has to be of the same type. So you can’t suddenly show up with a 2m high double rod mesh and privacy strips.

Does it really have to be new? So is it just no longer nice or is it dilapidated? I would ask the building authority about the other. As far as I know, it has to be of the same type. So you can’t suddenly come up with a 2m high double rod fence and privacy strips.

Thank you for your answer. Well, I would still have to check that in detail. But in any case, some proper work would need to be done, replacing one or two planks, reinstalling the planks and repainting/staining. I think what bothers me most currently is the somewhat shabby appearance. By now, much is crooked, warped, distorted, and weathered. I just wanted to know the options in advance.

The city already requested the owner to dismantle it a few years ago. Due to the proven construction that predates the introduction of the development plan, the fence system currently has vested rights. According to the seller, a similar replacement new construction would also be possible.

The statements contradict each other. If the city requests dismantling, there is certainly no replacement new construction.

The statements contradict each other. If the city calls for demolition, there is definitely no replacement construction.

The statements contradict each other at most in the simplified representation. The call for demolition was made because it was assumed that the construction took place after 2009.

It does not change the fact that the community obviously does not want this fence. They just can't get rid of it because the rules were changed after the fence was built. As long as you only repaint and replace a few planks, the existing protection will remain. I would have the replacement construction confirmed in writing by the community if that is important to you.