ADVERTISING
Nature conservation authority provides information on demolition work and species protection regulations
With the entry into force of an amendment to the Hessian Building Code (HBO) on October 14, 2025, demolition projects in Hesse are generally exempt from building permit requirements (§ 63a HBO). This means that in many cases, a traditional building permit is no longer necessary for the demolition of a building. However, as the Lower Nature Conservation Authority of the Groß-Gerau district informs, this exemption from permit requirements does not release building owners from other legal obligations.
Depending on the type and scope of a project, permits or notifications may also be required under other legal areas, such as nature conservation, water, or waste management law. The responsibility for complying with all legal requirements lies entirely with the building owners. Early consultation with the relevant authorities is therefore strongly recommended.
Species protection applies regardless of building regulations
Regardless of the building regulations classification of a project, the species protection provisions of the Federal Nature Conservation Act (BNatSchG) must be strictly observed. Wild animals and their habitats, including breeding, nesting, and resting places, are protected. Among other things, it is prohibited to deliberately disturb or kill animals. The protection of habitats also applies when the animals are temporarily absent, for example, in the case of bat roosts or swallow nests outside the breeding season.
Species protection therefore plays a role not only in new construction, but also in demolition work, renovations, attic conversions, or facade work. Particularly frequently affected are building-dwelling species such as bats, which, for example, live in attics or behind facades, as well as bird species such as swallows or swifts. Furthermore, other protected species such as hornets, reptiles, or amphibians may also be found in the vicinity of buildings or gardens.
Inspection required before construction begins
Before any demolition or construction project begins, it must be checked whether species protection laws might be affected. Indications of protected animals or habitats can include, among other things, visible nests on buildings or trees, droppings, feathers, pellets, bats in attics or cellars, and conspicuous cavities in facades or old trees.
If there is any doubt, a species protection assessment should be carried out by a qualified expert before work begins. The assessment should be conducted as close as possible to the planned start of the work. The period from March 1st to September 30th is particularly sensitive, as many animal species breed or raise their young during this time. Work should be suspended at occupied nests or roosts until the animals have left their breeding sites.
Permitting requirements and possible sanctions
If specially protected species or their habitats are affected, prior authorization from the Lower Nature Conservation Authority is required. The unauthorized removal of protected habitats constitutes an administrative offense and can be punished with a fine. In serious cases, violations of species protection law can also have criminal consequences.
The Lower Nature Conservation Authority therefore strongly recommends an early review of all species protection issues. For further questions, the authority can also be contacted naturschutzbehoerde@kreisgg.de
(DISTRICT OF GROSS-GERAU – RED/PSKGG)
Featured image: District Administration
