As of: January 30, 2024, 7:07 a.m
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A pool for children (sample photo).
© Habschied
Children's screaming from the neighboring pool: A Puchheimer feels extremely disturbed and takes action against it.
A curious comparison plays a role here.
Puchheim/Munich – When the sun beats down from the sky in summer, many people long to cool down.
That's what happened to a family from Puchheim.
The parents set up a pool in the garden for their children.
But the bathing fun didn't last long.
A neighbor felt disturbed by the pool and the children playing.
Now a judge at the Munich regional court had to deal with the mini outdoor pool in the garden.
The 2.75 by 5.49 by 1.37 meter pool holds around 20,000 liters.
“I felt threatened by such a massive mass,” complained the plaintiff neighbor during the hearing on Wednesday, emphasizing the “potential danger” posed by the pool.
Noise: Neighbor “has to” go on vacation
Above all, “a quiet life” was no longer possible.
The pool also attracted children from the neighborhood.
Because it was unbearably loud, he had to go on vacation.
He did not provide specific noise levels.
Instead, he based the lawsuit on regulations of public building law.
In particular, the family did not comply with the spacing required by the building regulations, argued his lawyer and referred to decisions by two higher regional courts regarding heat pumps installed close to the property line.
But there was also a contrary decision by the Munich Higher Regional Court, the presiding judge pointed out.
Furthermore, children playing caused “different disturbances” than heat pumps.
Above all, the judge continued, distance area law is not applicable at all because the pool with a foundation that is less than 1.70 meters high “does not have a building-like effect”.
A swimming pool is generally permitted in a residential area and there is no apparent violation of the building law requirement for consideration.
“According to a preliminary assessment,” the lawsuit has “only a slim chance of success,” the judge summarized.
Family moved away
The plaintiff still achieved his goal: the family has now dismantled the pool and moved away.
“The train has left,” her lawyer emphasized, and the neighbor had “disgusted” his clients out of their property.
Nevertheless, the plaintiff stuck to his request for an injunction: After all, there is a risk that the tenants now living in the house will set up a pool or the family will return, explained his lawyer.
The judge wants to announce the verdict in the case at the beginning of March.
However, it is unclear when the verdict will be pronounced in a second trial.
Before setting up the pool, the family had the district office confirm that they were allowed to do so.
The neighbor challenged this decision at the administrative court.
You can find even more current news from the Fürstenfeldbruck district at Merkur.de/Fürstenfeldbruck.