In a ruling dated 24 February 2026 (case reference: VG 24 L 67/26), the Berlin Administrative Court rejected the urgent application of a state-owned housing association and thus temporarily halted a planned new construction project with 237 flats in Berlin's Ilsekiez district. The court categorised the exceptional approval already granted for the removal of vegetation as probably unlawful, as this would affect the foraging habitats of the protected species house sparrow and pipistrelle bat. According to the court, the public interest in housing construction can only overcome prohibitions under species protection law if a deterioration in the conservation status of the species can be demonstrably ruled out. In the court's opinion, this evidence had not been sufficiently provided.

An appeal against the decision can be lodged with the Berlin-Brandenburg Higher Administrative Court, but until then the construction preparations have been suspended.