When is a pool subject to approval?

A private swimming pool promises cooling and variety and saves you having to go to the public swimming pool. However, the question arises again and again whether a private pool is subject to approval. We clarify.

The pool from a building law perspective

In order to determine whether your pool needs a building permit, you must first consider how the planned structure is to be assessed from a building law perspective. To do this, you should keep an eye on two completely different cases:

The indoor pool

If a swimming pool is to be housed in the basement, an extension or even a separate building, a building application is usually required. This is because the assessment is not primarily based on the pool, but rather on the structure required to accommodate it.

Note: As a rule, the actual pool is not a real problem in terms of building regulations. As long as the associated building is permitted, the pool always appears to be approved as a residential use.

The outdoor pool

If, on the other hand, the focus is actually on the pool as an independent structure outdoors, you have to deal with the legal framework for a water basin. Generally speaking, it is initially irrelevant which function the water basin has, i.e. whether it is used for leisure purposes or for a completely different use.

Outside or inside?

The fundamental question in the legal assessment of a pool is always first and foremost whether the structure should be built in the so-called indoor or outdoor area. Depending on the location, the licensing requirement and ability appear completely different:

Indoor

• Indoor area: location within built-up area (= localities)
• Swimming pool generally possible
• no building permit required within specified limits
• exact location may be restricted depending on the development plan

Outdoor area

• Outdoor area: location outside of built-up contexts (garden plots, orchards, etc.)
• With the exception of agricultural projects, water basins are always associated with a building application
• Pools for recreational activities are usually not possible

Procedure-free or subject to approval?

The next question on the subject of admissibility is now clearly the question of whether your pool needs a building permit. A look at the state building code, which also regulates the approval procedure among many other aspects, helps here. The list of non-procedural building projects includes the Upper limit of 100m³ for water basins (§61 Model building regulations). What this means for you is that your pool can hold up to this size is not subject to approval. Only then do you need a building permit for your project.

16 federal states: 8 state or state building regulations

Perhaps you are now surprised that a model building code is mentioned as a reference for the limit of procedural freedom, although a so-called state building code was previously mentioned.

The background is the fact that building regulations are a matter for the federal states. Each federal state has common legal provisions either alone or with other states. There are a total of 8 regional or regional building regulations for the 16 German federal states. As a rule, these are based on the federal model, the model building regulations. However, there may also be deviations.

Tip: Always check first which building code is responsible for your state. You can then specifically check there which size your pool is subject to approval.

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