A paddling pool is indispensable in the garden, especially when it is extremely hot. But can residents or the landlord spoil my bathing fun?
Which landlord or neighbor is so mean and forbids a paddling pool? Some will probably ask that now. But from the point of view of an owner, something like this can be problematic if accidents in connection with the paddling pool can occur or the overall appearance of the property is destroyed. Neighbors also like to turn up their noses when the children frolic in the garden.
Can I be banned from the paddling pool?
In general, every tenant is allowed to set up a paddling pool in his garden , as two courts decided independently of each other (LG Regensburg S 320/83 and AG Hamburg-Wandsbek 713 b C 736/95). According to the local court in Kerpen, the tenant does not need consent to set up play equipment on the property. In this case, it was about a swing, a climbing frame with a slide and a sandpit. The reason was that there were no structural changes, after all, neither the substance nor the quality of the rental property was affected.
Prohibit paddling pools? These judgments exist
However, the size of the paddling pool always seems to matter. In Berlin, an apartment owner had to answer to the higher court because he set up a 90 centimeter high pool with a 3.5 meter diameter on his special use area of the community garden. Another apartment owner sued for an injunction because the swimming pool would destroy the visual impression of the residential complex and make it look like a playground. In this case, the plaintiff was right.
And also in 2015, the regional court in Dortmund decided in favor of a plaintiff who did not like the look of a paddling pool: "This change is also disadvantageous, since the paddling pool, which is bright blue, does not fit into the peculiarity of an ornamental garden, " explained the First Civil Chamber according to the online portal of the Westdeutsche Allgemeine Zeitung. A mother was forced to dismantle the paddling pool, which was 2.59 by 1.79 meters and 90 centimeters high.
Also interesting : do I need a building permit for a pool?
But not only a disturbing appearance or the lack of consent from co-owners could put an end to the bathing fun: "The owner of a property or the tenant living there has a so-called ' traffic safety obligation ' on his property. He must ensure that no one is harmed there may come . This means, for example, that the swimming pool be protected must if there is a risk that children get on the property and could fall into it there, "said Katrin Ruter de Escobar, spokeswoman of the general Association of German Insurers (GDV) according to the German Press agency. Anyone who does not take these safety precautions will quickly be asked to dismantle the paddling pool and be liable for any damage.
So that nothing stands in the way of splashing around in the garden, you should always carefully study the rental agreement and house rules, as well as short-circuiting with landlords and neighbors. Whether or not you will be right in a dispute always depends on the individual case.
Fittingly : families in England have to dismantle paddling pools - so that burglars don't drown in them.
