A pool in the garden provides welcome refreshment and sometimes arguments in summer. Because you can’t just build or set up a pool everywhere. Neighbors in particular can raise objections if certain rules are not followed.
What is allowed and what is not
The garden pool has become a symbol of leisure, relaxation and a piece of luxury in your own home. The demand for above-ground pools and fixed systems has increased significantly in recent years. But legally, not every jump into the deep end is as unproblematic as it seems at first glance. The most important thing is whether it is a simple, mobile pool or a permanently installed system with technology, foundation or roof. While paddling pools and smaller quick-up pools are generally considered to require no permit, larger, permanently used pools are often subject to building regulations.
When it becomes necessary to go to the authorities
According to ARAG, a building permit is required for a pool that has a capacity of 100 cubic meters. This applies almost nationwide because most federal states are guided by the Model Building Code (MBO; Section 61 No. 10a). Differences arise in special cases due to property conditions. Nevertheless, public law regulations must always be observed, such as necessary clearance areas or the requirements of a development plan. If the pool is too close to the neighboring property, this can lead to neighborhood disputes, which can quickly end up in court.
Community property
Additional restrictions apply in residential complexes or semi-detached houses with shared areas. A highly regarded ruling by the Federal Court of Justice from 2023 (ref. V ZR 140/22) shows that even if part of the garden is intended for private use, a pool cannot simply be set up. According to the court, the construction represents a significant structural change that is not permitted without the consent of the other owners.
As fachanwalt.de reports, measures such as a pool or a permanently installed whirlpool must be decided upon in advance at the owners’ meeting in such cases. Otherwise you risk not only getting into trouble with the neighborhood but, in the worst case, having to dismantle it at your own expense.
Contradiction from the neighboring property
Even if there are no regulations against having a swimming pool in the garden and the distance from neighbors has been maintained, there are still aspects that harbor potential for conflict. Pool parties with friends are generally allowed, but can quickly be perceived as a noise nuisance. If the rest times from 10 p.m. to 6 a.m. are not adhered to, you may even face a fine. According to ARAG, pool lighting also repeatedly causes disputes. If it shines directly into the neighbor’s house, such as through their bedroom window, they may feel inconvenienced.
Conversely, the pool owner can also complain if, for example, leaves from the neighboring property dirty the pool or other plants or trees require increased cleaning effort. According to hausundgrund.de, in an emergency, an expert must decide how high the “reasonable level of impairment that can be accepted without compensation” is before legal consequences arise.
Editorial team finanzen.net