When it is necessary to cut down a tree under the regulations, it is necessary to be able to constitute and return a file to the municipal / regional administration. What can you add to it?
When you need to cut down a tree, it is important to check whether you need to apply for a permit. This permit must be requested from your municipal / regional administration to the competent management department. Each municipality has its own procedures and conditions subject to regional conditions.
To avoid making unnecessary trips, you can take this information beforehand :
Depending on the regional regulations, the conditions are different :
In Brussels and Wallonia, there are no exceptions.
In Flanders, it depends on its location, in these cases it is not necessary to apply for a permit :
Go to the foot of the tree and measure from the ground, up to the height of the legislation in force in your region (usually 100 cm). At this point, go around the trunk and check its circumference.
If it is less, then you can shoot it without a permit. Nevertheless, it is always better to take photos of the entire tree and your measurement in order to guarantee you a proof.
If it is higher, a file must be created.
If the tree had been placed under an environmental management plan, removing it will be an action against this plan.
To find out, it can be recorded in your purchase contract, the subdivision regulations and at the urban planning department that governs your property.
It is regular that it is requested to replace the tree in the same place after the felling in order to respect the environmental action.
It is easy to recognize a remarkable tree because it is a generally quite large tree but there are always exceptions. It is therefore necessary to inquire well about his age and his history with the community.
A remarkable tree is a recorded and saved tree. This may be due to his age, history or constitution.
Wanting to cut down a remarkable tree is one of the most difficult files for obtaining a permit.
Especially since any good pruner will always be reluctant to be the executioner.
During the nesting period, the slaughter permit is even more restricted. This rule is mainly applied in Wallonia and Brussels, in Flanders
A felling is necessary when the tree by its location and / or its nature poses or risks a problem for human society.
For example: When the choice of a gasoline is not adapted to its immediate environment and it constitutes a significant danger. Or when a tree has been diagnosed as sick, dying and may by its weakening constitute a danger in accordance with the area in which it is located.
When a tree grows too close to a wall or a property limitation, it can create a danger to the construction and weaken the whole both by its crown and by its roots.
When a tree is located in an area that is not appropriate for it.
When its essence, its variety, poses a danger to a person from the surrounding community. For this, tangible evidence must be handed over.
Any other reason for cutting down a tree can be considered unnecessary and the file will have a high chance of being rejected.
Only the owner should be able to proceed with the request.
However, if you are a neighbor, you have the possibility to make a request to the justice of the peace in order to impose your choice on the owner if you had not been able to convince him amicably.
After you have checked whether your tree needs a felling permit. You will then have to go to the urban planning or environmental management department of your administration.
For more weight, add the preliminary analysis file of an arborist (be careful, an arborist is not necessarily a pruner and vice versa).
The preliminary analysis consists of :
The arborist therefore becomes the guarantor of this information and his contact details are transmitted to the administration who can contact him for more information if necessary. His responsibility being formalized, he can just as easily diagnose that it is useless to cut down a tree.
The duration depends on the urgency of the operation, it can be issued within 24 hours as it can wait several months. In 2018, with administrations undergoing stricter environmental regulations, you should expect to have to put all your cards on the table as soon as possible to get a meaningful response.
This is why it is easier to first apply for a permit before finding a pruner.
Whether by anonymous denunciation or by simple control, a slaughter is sanctioned if it has not obtained the permit beforehand.
The sanction is up to the administration to decide, it can be a fine for non-compliance with the legislation and / or as it can be the replacement of the tree under the same species and dimensions (which can be excessively quantified). She is often hand in hand with the owner and the entrepreneur who would have accepted.
After obtaining the permit or because the felling does not require a permit, you try to cut down the tree yourself.
We strongly advise you to refrain from doing this, the danger is very important. Whether by any incident that would cause harm to your environment (neighbors’ house), or to yourself. Your insurance is highly likely not to support you.
The equipment to be used is also important, whether it is the necessity or the danger it represents. The danger is deadly and that, being completely honest and without exaggerating.
However, if you are sure of yourself here is a link :
In any case, we advise you to do it under invoice in order to have proof of its services in case of control / insurance. Ask him if he has a risk insurance for pruning. Optionally, these antedecents in photo or video.
. ONCE AGAIN: DOING AN AMATEUR SLAUGHTER IS STRONGLY AND HIGHLY DISCOURAGED AND THIS UNDER ANY CIRCUMSTANCES.
JULIEN PAPS is the certified arborist, a pre-Arab analysis file for a health condition can be carried out. This file provides a clear and complete report to the administrations in order to summarize the situation. Which saves time for the decision of the municipality. As well as to support the request if it is well founded.
PLAISIR VERT offers its certified pruning-cordiste service. Our employees are equipped and trained to meet the demands of the arborist.
Our services are under risk insurance including pruning, as well as insurance for our entire team.
Find examples of our services on our Facebook page
Do you want a preliminary analysis and/ or call on our pruning service? Contact us
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