Interventions and Construction Projects

In addition to building regulations, all projects must also comply with legal regulations for the protection of rare animal and plant species. It must be ensured that protected animals are not injured or killed by the construction project, nor are their breeding and resting places destroyed. Essentially, all European bird species, toads, frogs, newts, and lizards as well as all bat species are subject to species protection regulations. This applies not only to the animals themselves but also to their habitats.

The building application must therefore also include information on protected animal species and their habitats that occur on the respective property.

The responsibility for the completeness and accuracy of the information lies with the applicant.

Species protection prohibitions generally apply directly, regardless of the approval requirements of a project. To avoid requiring examinations for all commonly occurring species in projects, only the so-called "planning-relevant species" are considered in species protection assessments for projects under §15 of the Federal Nature Conservation Act (BNatSchG) Intervention/Compensation Regulation and permissible projects under §§ 30, 33, 34, 35 of the Federal Building Code (BauGB).

For species protection assessments in land-use planning and building permit processes under the State Building Code, the guideline "Species Protection in Land-Use Planning and Building Permit Approvals" of the responsible Ministry for Building and Transport of the State of North Rhine-Westphalia applies. This guideline and a list of planning-relevant species in NRW can be found on the pages of the State Agency for Nature, Environment, and Consumer Protection NRW (LANUV) (see further links).

The assessment of species protection concerns requires a sufficient inventory survey. Required are data that reveal the frequency and distribution of species and their habitats in relation to the project area.

However, this does not oblige the applicant to create a comprehensive species inventory. Methodology and depth of study are subject to the principle of proportionality and depend significantly on the natural conditions and the expected impacts.

Required Documents:

The assessment result can be recorded in Form A (or Form B if applicable) for species protection assessment. The forms are available for download on the pages of the State Agency for Nature, Environment, and Consumer Protection NRW (LANUV).

For smaller projects in the private sector, species protection information can be provided in the form of self-disclosure by the applicant. The self-disclosure template for species protection can be used for this purpose.

If it is a significant intervention, valuable biotopes are affected, or the applicant cannot provide any information about the project, the species protection assessment should be carried out by an expert.

Further information can also be found in the information sheets of the Oberbergischer Kreis on species protection in the building permit process and species protection during demolition and renovation of buildings, as well as in the specialist information system Protected Species in North Rhine-Westphalia of the Ministry for Climate Protection, Environment, Nature Conservation, Agriculture, and Consumer Protection NRW.