ᐅ Preparing the Plot – Does the Fence Have Legal Protection?

Hello everyone,

We are finally getting closer to realizing our dream of owning a home.
Relatives gifted us a plot of land in Saxony, and we are now planning what we need to do before construction begins (in addition to cutting down and replanting trees).

Right now, we are uncertain about the fence.
The property is surrounded by one of those green wire fences. We want to partially remove and set it aside before construction starts. After the build, it should be reinstalled as it was before.

A few years ago (after the previous owner installed the fence), a design regulation was introduced that only allows these fences if combined with a hedge.

The relevant passage states:
Chain link fences and wire mesh fences facing public traffic areas are only permitted in combination with a hedge. Only native shrubs are allowed; conifers are not permitted. The height must be limited to 1.50 meters (5 feet).

Does this also apply to our fence? It is older than the regulation, but we have no documents about it.
We would rather not plant a hedge and had hoped the fence would be grandfathered in.

Of course, we will check with the local building authority beforehand but wanted to gather some information in advance.

Best regards,

Sandrina

Temporarily and partially opening a fence to allow for a wider construction site access or for repairs should not endanger its protected status. I would document its condition before opening it, as well as confirm that it was never completely dismantled in the meantime. A chain-link fence can indeed be rolled up together with the posts.

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Yes and no, changing the designated use of the property can indeed void the existing legal protection. Inquire in writing with the relevant authority!

Myrna_Loy schrieb:

Not exactly; the existing rights can indeed lapse due to a change in land use. Make sure to inquire in writing with the responsible authority.

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

Sandrina89 schrieb:

Hello everyone,

We are finally getting closer to realizing our dream of owning a home.
We received a plot of land as a gift from relatives in Saxony and are now planning what needs to be done before construction (besides cutting down and transplanting trees).

Currently, we are uncertain about the fence.
The plot is enclosed with one of those green wire mesh fences. We want to partially remove and set it aside before starting work. After construction, we plan to reinstall it as it was.

A few years ago (after the previous owner installed the fence), a design regulation was introduced that only allows these fences if they are accompanied by a hedge.

The relevant clause:
Wire mesh fences and wire grid fences facing public roads are only permitted in combination with a hedge. Only native shrubs are allowed; conifers are not permitted. The height must be limited to 1.50 m (5 feet).

Does this apply to our fence? It is older than the regulation, but we have no documentation about it.
We would prefer not to plant a hedge and were hoping the fence might have some form of grandfathering protection.

Of course, we will inquire with the local building authority beforehand but wanted to gather some information here first.

Best regards,
Sandrina

The first important question is whether it is a building plot or a forest plot that can be converted. For forest plots, tree felling is usually not possible before construction approval is granted. Also, general tree felling without prior building approval can be restricted depending on the region. For example, our village has a tree protection ordinance.

First of all, thank you for your replies.

11ant schrieb:

You can actually roll up a chain-link fence together 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 the posts to make space.

K a t j a schrieb:

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

It used to be a garden area with a brick garage where the lawn tractor and garden tools were stored last.
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 basically stop at every corner to chat with neighbors over the fence. We find that very appealing and would like to do the same.
We would then have a partly secluded garden behind the house (in case we want some privacy) and a part on the side facing the street.

Neubau2022 schrieb:

But generally, felling trees without a building permit/planning permission can be restricted depending on the region. In our village, for example, there is a tree protection ordinance.

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