Anyone who owns a garden and thinks they can cut or cut down their trees at any time because they are on their private property is wrong. In Germany there are clear laws, non-compliance with which can result in a severe penalty. You can find out when you can cut and fell your trees and what you should definitely consider beforehand at Plantopedia.

trees

When can you cut or fell trees? when is it allowed

In principle, trees must not simply be felled and cutting is also not necessarily permitted at all times. It also depends on why a tree is to be felled. Permission must often be obtained in advance. In order to avoid a high fine, it is advisable to find out from Plantopedia early on when you can remove or trim trees and where exceptional situations offer you more freedom.

felling times

According to Section 39 of the Federal Nature Conservation Act, so-called closing times are regulated in which the felling and cutting of trees is prohibited. This blocking period extends between March 1st and September 30th. This means that trees may not be felled or cut during these months, unless there is a situation that can be considered an exception or the trees are not covered by the law.

blocking times

Sense of tree felling bans

ecological value

Trees have a high ecological value, which is why municipalities and cities have created tree felling statutes, which place trees under certain protection and prevent tree felling without reason. The ecological values of a tree include, for example, the following.

  • air purification
  • Filtering of dust and pollutants
  • carbon storage
  • minimizing the greenhouse effect
  • water storage
  • have a balancing effect on the local climate
  • noise reduction
  • possible energy savings

Country and Cityscape

Especially in the city, there are usually stricter tree felling guidelines in order to preserve the mostly scarce nature between stone and concrete buildings and asphalt roads. But especially in the city, the ecological value of trees is of great importance, where, for example, car exhaust fumes and dust mostly from high buildings pollute the air to breathe. If collection is necessary, a replacement planting may be required, especially in cities, depending on the reason for felling and the location of the tree. Incidentally, the Land Forestry Office is responsible for tree pruning in forests, some of which have different guidelines.

animal welfare

Closing times have therefore been chosen between March and October because the birds breed during this time. The purpose of the closure period is to prevent pruning or tree removal from destroying nests, brood deaths and fewer nesting sites for birds.

approval requirement

The Tree Protection Ordinance stipulates that large, old trees in particular are to be kept in their natural state. Whether and when a tree may only be felled with permission depends on various factors and also applies to trees on private property. The environmental, regulatory or nature conservation office of the city or municipality in which the affected tree is located is responsible for this.

The following questions serve as a guide:

  • Is the tree to be felled subject to the Tree Protection Ordinance?
  • Are there legal reasons that justify logging?
  • Is a felling permit required?
  • Is there a danger to people or property from a tree?

felling permit

The starting point for a required felling permit is usually the trunk size of a tree. A trunk circumference of 60 centimeters or more should serve as a guide. However, this size can vary from municipality to municipality or city. In Berlin, for example, a felling permit applies if the tree trunk measures 80 centimeters at a height of 1.30 meters.

Fruit and other deciduous trees are mainly affected, while coniferous trees are usually not subject to felling permits. Be careful when measuring. If a felling permit is due, there is usually an on-site appointment with a responsible official. Follow-up measurements are made and if these show deviations from your measurements, this could cost you dearly.

due reasons

If a tree that falls under the Tree Protection Act is to be felled, the reasons for the felling will decide whether a felling permit is granted. Just because the affected tree is on private property and therefore yours to do with as you please is not a sufficient reason.

The following circumstances are among the most acceptable reasons:

  • the tree is life-threateningly diseased
  • the ecological function of the tree is only minimal or non-existent
  • the current location does not allow for healthy and normal development of the tree
  • the tree influences neighboring trees in their healthy development
  • he hinders work on a monument protection measure
  • the property cannot be used to the extent permitted because the tree is a nuisance

exceptions

A tree may only be felled or cut during the closing time if there is a danger to persons or property that cannot be remedied in any other way. This is the case, for example, when a tree on the private property border extends onto the public sidewalk, branches threaten to break off and passers-by could be seriously injured. Swift action is required here in order to avoid personal injury. In an "emergency" a quick decision can be obtained for a cutting or felling permit, but this also takes time, which you may not have.

Nevertheless, you should at least notify the authorities in advance, provided that office hours allow it. Otherwise, you should definitely note that you are always subject to a burden of proof. This means that you must prove that the tree had to be felled or cut immediately as part of an emergency and that waiting until after the closure time is/was not possible.

Examples of evidence are:

  • Photos from different perspectives
  • Storage of the clippings so that an official employee can look at them personally
  • Witnesses from the neighborhood who also recognize a danger posed by the tree

border trees

Beware of boundary trees

A difficult topic is the felling and cutting of so-called boundary trees. Regardless of whether they are subject to a felling permit or not, you cannot simply work on them if the trunk or roots are already protruding onto the neighboring property. In this case, the permission of the neighbor must always be obtained.

TIP: In order to prevent any subsequent disagreements with the neighbor, it is advisable to always have the neighbor's consent in writing. In retrospect, he cannot claim that felling or pruning took place illegally without his knowledge.

branches of neighboring trees

If you are disturbed by the branches that protrude from a border tree on the neighboring property onto your private property, you cannot simply cut them off. The law stipulates that you also have to ask the neighbor for permission or ask them to remove the branches themselves. Property owners often do not know about the legal situation, so there are usually no difficulties if you simply cut the branches off a neighboring tree.

But if they object, it could cost you dearly. If in doubt, be sure to take photos that reflect the disruptive factor and obtain evidence that you have repeatedly asked the neighbor to cut the branches. If your neighbor does not give you his consent, your only option is to go to court if you want to act in accordance with the law.

firewood

When to fell for firewood?

If the wood from a felled tree is then to be used as firewood, the optimal time for the planned felling of the tree is in February, up to the 28th of the month at the latest, if the tree falls under the Tree Protection Ordinance.

This gives the firewood enough time to dry well over the summer so that it burns well from autumn. Trees felled in the fall after September 30th have the lowest water content, but you run the risk that in a wet fall the wood will not dry well and start to mold, especially if it is stored suboptimally.

costs

costs of breaking the law

If you violate the Tree Protection Ordinance or cut/fell trees without authorization, you could face a fine of between EUR 50 and EUR 50,000. The exact amount depends on the type of violation as well as the extent of the ecological damage you have caused by carrying out a permit-requiring operation without the consent of the authorities. In addition, the amount of the fine varies depending on the city or municipality.

Felling permit costs

In comparison to the costs that can arise from a fine, these are significantly lower for issuing a felling permit. Depending on the municipality in which the affected tree is located, they amount to between 25 euros and 85 euros.

Category: