Legal column: Is it allowed to build a pool in the garden?

This could have caused trouble: Recently, an unauthorized person gained access to the garden of a residential building whose owners were away. He jumped into the pool. Fortunately, he suffered no injuries during his swim on private property, as evidenced by a video taken by attentive neighbors. The beaver only swam one lap and then disappeared to an unknown destination. Lucky for him. Pool owners must comply with a host of legal regulations, including preventing unauthorized access to their private waters.

Of course, "unauthorized persons" usually refer to people, not beavers. And of course, there's little to be said against building a beautiful pool on your own property, especially if the nearest outdoor pool or lake is a long way away. However, as with any major project, before building owners grab a shovel or hire a construction company, they are advised to check the building regulations of their respective municipality and state. Beavers generally disregard them, but that's another story.

"In most German states, pools with a capacity of 100 cubic meters are exempt from legal proceedings," explains lawyer Sabine Brandl, head of the Major Claims Division at Ergo Rechtsschutz Leistungs GmbH. This is provided the pool builders maintain the specified distances from neighboring properties. And then there's one exception that probably not everyone is aware of: "Even near listed buildings, a permit from the monument preservation office may be required," explains Brandl.

Without clothes in your own garden or on the balcony: Do others have to tolerate that? It depends.

Unlike for the owner of a detached single-family home, building a swimming pool is more difficult for homeowners' associations. "A private pool in a communal garden is generally only permitted with the consent of all other owners," emphasizes Brandl. Even for areas with special use rights, a legally valid resolution from the owners' meeting is required before a swimming pool can be built. Tenants generally require the consent of the landlord.

If all the permitting issues are too complex for you, you should consider a so-called above-ground pool. This generally doesn't require a permit, as Brandl explains. Even tenants can install this type of paddling pool for adults, as long as it's not prohibited by the rental agreement. It's not quite as easy on balconies, by the way – the statics must be taken into account because water is heavy.

Once the pool is finally built or installed, however, the next obligations await: Neighbors must not be bothered by noise from pool users during normal quiet hours. And the duty of care applies. Brandl therefore recommends covering the pool when not in use, as well as securing access to the garden.

One final point to consider: Pool water must be changed regularly, but water treated with chlorine or anti-algae products cannot simply be poured down the sewer system. It must be disposed of as domestic wastewater, i.e., the wastewater generated in the household. So, once again, it's worth contacting your local authority and asking about the regulations. Unless you're a beaver, of course.