Built secretly and hidden behind privacy screens: arguments about the pool in the luxury renovated monument district

There are always legal disputes in the listed Ganghofersiedlung in Regensburg.

This time it was a pool.

Regensburg - Curious legal dispute before the administrative court between the city of Regensburg and a well-known building contractor and his partner - it's about a pool, a terrace and the question of what is allowed in the Ganghofersiedlung in the south of the city of Regensburg and what is not.

Pool dispute in Regensburg: built secretly and hidden behind a screen

The Ganghofersiedlung, formerly Göring-Heim, is under ensemble protection because of the settlement structure typical of National Socialism.

Since the district was luxuriously renovated and better frequented clientele lives there, there have been legal disputes with the city again and again - be it the question of which extensions are permissible or how many photovoltaics on which roof.

That's what happened this time.

During an inspection in October 2021, an employee of the building regulations office found that a pool with wooden attachments, a terrace, some attachments and a gate system as a privacy screen had suddenly been set up in the couple's garden around the settler's house.

Without any permission.

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Pool dispute in Regensburg: Couple sues for elimination

As early as May, the building regulations office had ordered a cessation of construction, twice threatened a fine and once even waived it.

But the couple was apparently not impressed with the beautification of the common love nest.

Six months later, the inspector responsible was faced with a fait accompli, which the city immediately demanded to be removed.

The couple filed a lawsuit with the Regensburg administrative court.

And there is disagreement between the parties on a number of points.

It starts with the question of whether one can even speak of a pool.

Pool dispute in Regensburg: disagreement on size and area

According to lawyer Markus Wilfurth, who represents the couple, the pool is at best a "swimming pond" that the building authorities discovered at some point, well hidden behind the specially erected privacy screen.

The measurements, estimates and information also differ when it comes to the exact size of the pool/swimming pond and the terrace area.

In a notice, the city gave an area of ​​56 square meters for the terrace, while a sketch at an on-site appointment by the building inspector suggests an area of ​​58 square meters.

Pool dispute in Regensburg: removal order "too vague"

It is unclear whether or not the wooden pool cover should be included in the calculation, and whether window sills were included in the calculation.

And whether the pool has 16 square meters or 17.15 cannot be finally clarified in court either - although a separate on-site appointment had even been scheduled.

When repeatedly asked by the chamber, the municipal representatives occasionally had to concede that it was no longer possible to understand exactly how these figures were arrived at.

The court ruled that the city's removal order was "too vague" in large parts - and left the pool and terrace for the time being.

However, the city can rectify and reorder.

Pool dispute in Regensburg: the privacy screen has to go

The court, on the other hand, considers a threatened fine of 10,000 euros and an imposed fine of 5,000 euros, which the plaintiff caught when he wanted to prettify the common garden without permission, to be legitimate.

What should make bathing fun particularly cloudy: The arrangement to clip the gate system erected as a privacy screen is also judged to be effective.

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