Judgment judged
Tree protection or solar energy – which is more important
10.01.2025Reading time: 2 min.
A judgment of the Frankfurt (Oder) administrative court has caused tensions: Can the trees be sacrificed in favor of solar systems?
A homeowner from Brandenburg must not make three 80 -year -old, protected forest jaws to improve the performance of his photovoltaic system. The Administrative Court of Frankfurt an der Oder decided that tree protection has priority in this special case and dismissed the lawsuit.
The man intended to install a solar system on the roof of his family home. However, the trees throw shadows on the roof. Therefore, he applied for the trees to be allowed – an application that the municipality rejected.
The property of the homeowner is located in an area with a tree protection statute, which in particular protects old trees with a trunk circumference of more than 130 centimeters. This regulation is intended to preserve the natural balance and the garden city character of the settlement.
The municipality emphasized that city trees help to prevent the heating of settlements. In addition, adult forest jaws could reach an age of 200 to 400 years. In addition to these trees, there are other specimens that also throw shadows on the roof.
In court, the homeowner argued in the public interest: the general public benefits from the expansion of renewable energies such as solar energy. However, due to the shadow, the efficiency of the photovoltaic system would be restricted, which is an unreasonable restriction of its property.
However, the court made it clear that the plaintiff could still build the system. Even with partial shading, it achieves a degree of use of over 50 percent. Although the construction of solar systems is in the public interest, the protection of trees is also essential for the preservation of natural livelihood.
After careful consideration of all circumstances, the court decided in favor of tree protection. The judgment is not yet final; The homeowner can appeal to the Berlin-Brandenburg Higher Administrative Court.
