POND CONSTRUCTION - PERMIT

Again and again we are asked whether a pond or a water landscape does not require a permit or not. Our answer to that: It all depends!

We refer here to the BayBO (Bavarian Building Regulations), in particular to Art. 57 Procedure-free construction projects, removal of facilities:

"...

(1) Are procedural

...

6th

g) Water basins with a basin volume of up to 100m³

...

10. the following systems in gardens and for recreational purposes:

a) Swimming pools with a pool capacity of up to 100m³ including associated temporary airborne roofs, except outdoors

... "

Please note that every federal state has its own building code! In any case, we advise you to contact the responsible authority beforehand.

Another important point is the "traffic safety obligation for pond owners".

Unless there is already an obligation to enclose the property according to the Neighborhood Act of the respective federal state, an obligation to enclose can also result from a traffic safety obligation. If you culpably violate traffic safety obligations, you can be responsible for the resulting damage and liability claims. A garden pond, swimming pond or pool is a source of danger, especially for children (BGH, judgment of 20.09.1994, Az. VI ZR 162/93).

According to the constant jurisprudence of the BGH, such security measures are necessary that an intelligent and prudent person who is cautious within reasonable limits may consider sufficient to protect third parties from harm. In order to comply with this traffic safety obligation for a pond, swimming pond or pool, it is fundamentally necessary that the property is completely fenced in and locked (OLG Oldenburg, judgment of March 27, 1994, 13 U 163/94).

As always, there are situations in which, in individual cases, even a lack of fencing does not lead to a violation of the duty to maintain safety (BGH, judgment of April 20, 1994, Az. VI ZR 162/93).

Our advice: don't let it depend on it.