Hello,
I have a question that has come up due to the subdivision of our plot. We are building in a new development area, which means there are currently no houses here. The exact property boundaries have only now been established. There is a large lime tree on the neighboring property that is becoming an issue for us. It was previously assumed that the lime tree was farther away from us, but this clearly isn’t the case. Our house is supposed to be built with a 3m (10 feet) setback from the boundary line towards the lime tree. The building permit / planning permission application has not yet been submitted.
Do we have any options to take action regarding this lime tree on the neighbor’s property? We are concerned about several issues: shading, debris, and the potential risk to our house— which will be just over 8m (26 feet) tall— in strong winds.
Or are we possibly overestimating the problem?
Thank you very much for your advice!
I have a question that has come up due to the subdivision of our plot. We are building in a new development area, which means there are currently no houses here. The exact property boundaries have only now been established. There is a large lime tree on the neighboring property that is becoming an issue for us. It was previously assumed that the lime tree was farther away from us, but this clearly isn’t the case. Our house is supposed to be built with a 3m (10 feet) setback from the boundary line towards the lime tree. The building permit / planning permission application has not yet been submitted.
Do we have any options to take action regarding this lime tree on the neighbor’s property? We are concerned about several issues: shading, debris, and the potential risk to our house— which will be just over 8m (26 feet) tall— in strong winds.
Or are we possibly overestimating the problem?
Thank you very much for your advice!
How thick is the trunk already?
According to the tree protection regulations in Berlin, trees with a trunk circumference of 80 cm (31 inches) or more are considered protected. The measurement is taken at 130 cm (51 inches) above the ground.
If this size has not been reached yet, you should contact the property owner and have the tree removed.
The romantics here can all sit under the village lime tree, but I also believe that a lime tree right next to the house causes more problems than benefits.
If the tree is already protected, exceptions from §5 of the Tree Protection Ordinance may apply.
According to the tree protection regulations in Berlin, trees with a trunk circumference of 80 cm (31 inches) or more are considered protected. The measurement is taken at 130 cm (51 inches) above the ground.
If this size has not been reached yet, you should contact the property owner and have the tree removed.
The romantics here can all sit under the village lime tree, but I also believe that a lime tree right next to the house causes more problems than benefits.
If the tree is already protected, exceptions from §5 of the Tree Protection Ordinance may apply.
Winniefred4 Oct 2021 13:05It has nothing to do with romance to oppose the unnecessary (!!!!) cutting down of protected trees. Anyone who, after everything happening in the world, still hasn’t understood how critical the situation is, can no longer be helped. And yes, every single tree really does count. This is by no means an exaggeration. With that, I’m out of here—this kind of thing just makes me angry, sad, and speechless.
In der Ruine4 Oct 2021 13:40Winniefred schrieb:
Anyone who still doesn’t understand, after everything happening in the world, how critical the situation is, cannot be helped anymore. Environmental protection is welcome, but preferably not in my backyard.
Durran schrieb:
Here you can clearly see how ridiculous German bureaucracy works. If not a district court ruling, then what would justify me more? guckuck2 schrieb:
The separation of powers was clearly evident here. Everything is correct as it is. However, the district court did not exactly show a service-oriented approach by pointing out in the ruling that the judgment itself cannot serve as a building permit / planning permission and that it must be obtained separately from the responsible authority. Such a note could be included somewhere in the legal remedies instruction part of the written explanation of the judgment.
apokolok schrieb:
The romantics here can all sit under the village lime tree, but I also believe that having a lime tree directly by the house causes more trouble than pleasure. An opinion can be expressed in half a minute; combined with refueling the chainsaw, that’s still not ten minutes. The tree didn’t come from a 3D printer or Amazon Prime, but took several human generations / dog lifetimes to grow. With such statements, no one should be surprised if ballots keep getting longer because people forced into this situation join parties like “Karl the Beetle Wasn’t Asked.”
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Lol, what a farce this is.
I wouldn’t believe a single one of you if it actually affected you personally.
Talking big, but driving to the bakery by car. Accusing others of being reckless, while wasting huge amounts of building materials on excessively large new constructions.
You are hypocrites, nothing else.
I wouldn’t believe a single one of you if it actually affected you personally.
Talking big, but driving to the bakery by car. Accusing others of being reckless, while wasting huge amounts of building materials on excessively large new constructions.
You are hypocrites, nothing else.
Sorry everyone, I’m signing off as a participant in this forum. I simply don’t like the tone here. I clearly said that I’m only considering possible issues and opportunities at the moment. I never said I’m just going to clear-cut the area. From the start, I have been accused here—sometimes subtly—that I only want to harm nature, that I have no connection to nature, and that I’m using hypocritical arguments for my own benefit. Sorry, but I don’t need that. I’m not interested in being under constant pressure to justify myself here. And looking at the projects of some other (larger) forum members, I hardly believe that I am such a villain for nature and climate change with my 120m² (1,290 sq ft) timber-framed house (for which, by the way, trees also gave their lives) featuring a photovoltaic system and wooden carport. By the way, I have never been on a long-distance trip. I have never flown. I actively (!) participate in an insect protection project. But of course, you are the ones who live in harmony with nature. Right.
Thanks anyway for all the responses. I’m off now. Apparently, I’m not suited for this atmosphere here.
Thanks anyway for all the responses. I’m off now. Apparently, I’m not suited for this atmosphere here.