A swimming pool in your own backyard contributes to a fulfilling summer for both young and old swimming enthusiasts, however, a pool is not only a place of rest. There are some factors, such as a pool or heat pump or the noise of playing children, which can be perceived as disturbing by others.
Due to this fact, one should deal with the legal framework before starting to use one’s own swimming pool. Assuming that the people living in the neighborhood have a pool, this can also cause a certain amount of noise, which may be seen as unpleasant.
In the following, among other things, the different scenarios are addressed and also explained what specifications there are in this regard.
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Noise pollution by pool pump of the neighbors
In order to keep a swimming pool or the water contained in it hygienically clean and visually appealing, many pool owners use a pool pump. However, depending on the model, this pump can cause quite a bit of noise. Depending on the area and time of day, there are limits that define the extent to which a noise is considered harmless to human health.
These are approximately 50 to 55 decibels during the day and between 35 and 40 decibels at night, although even a quieter device cannot be ruled out as a noise nuisance from the outset, since such a classification is also determined by the frequency with which it occurs or the time of day, for example. First and foremost, it is advisable to talk to the neighbors who have the disturbing pool pump in operation before taking further, possibly legal, steps.
Noise pollution by heat pump of the neighbors
Similar guideline values as for a pool pump are in many cases also valid if it concerns a heat pump, whereby here likewise differences exist regarding the time of day as well as the individual characteristics of the area. If there is any doubt about the limit values to be applied, these can be inquired at the responsible municipalities.
Furthermore, it must be ensured that the individual regulations of the federal states with regard to the distance to neighboring properties have been complied with, since circumventing these construction regulations can possibly lead to increased noise pollution.
In principle, it is always sensible as a first measure to remedy the noise nuisance to seek discussion with the respective neighbors in order to find an amicable solution to the problem.
Noise pollution by children in the pool
Naturally, especially smaller water rats are not yet as aware of their own noise level as, for example, older adolescents or adults, and a rollicking romp also promotes the respective development. For this reason, if the noise does not exceed the normal level, it is usually not a noise nuisance, unless there are special circumstances.
However, the legally defined nocturnal rest period between 11 p.m. and 7 a.m. must be observed, whereas there is no uniform noon rest period, but this is often stipulated in contracts as a rule from 1 a.m. to 3 a.m. Provided that one lives for example among other things to the rent or must orient itself in a multi-party house at the house rules, deviating regulations can be to be kept.
Noise pollution from hot tub in the garden
With regard to a hot tub, very different types of noise can occur, but all of them should not occur during the legally or contractually established quiet hours. In many cases, there must be an objective disturbance, which can ideally also be confirmed by adjacent neighbors.
However, before taking any further action, it is worthwhile, as in the other scenarios, to contact the owners of the hot tub and discuss with them the feelings of all parties involved, so that a satisfactory elimination of the problem is possible. Only when these attempts have failed, the local authorities or a specialized lawyer, among others, are professionally competent contacts.
Recurring disturbance of the peace: what can be done?
Unfortunately, it can sometimes happen that repeated discussions with the neighbors in question do not bear fruit, and one therefore still finds oneself exposed to an increased as well as disturbing noise level. One measure that makes sense in this case is to document the volume in combination with the frequency of the noise. In the case of a rented apartment, you can also contact the landlord in charge.
Calling the police is an option if all additional means have been exhausted and either the whole neighborhood or the public feels bothered by the noise or if there is a health risk for the person in question. Due to the fact that a prolonged disturbance of the peace is a misdemeanor, it is possible to respond to it with a fine.
A swimming pool in one’s own garden primarily leads to a feeling of relaxation or refreshing cooling in the visually inviting water for the respective pool owner as well as his invited bathers, which may well be noticeable through a certain development of noise.
Assuming that, in addition, smaller children take part in the bathing experience, it is even more likely to hear a corresponding noise, since the younger age groups are usually not yet as aware of themselves as, for example, older adolescents or adult people.
Furthermore, the various types of pumps, for example heat pumps or pool pumps, are a potentially very disturbing source of noise, depending on the model used.
Basically it has to be said that neighbors have to orientate themselves on the prevailing legal quiet times, whereby regulations from corresponding tenancy agreements or house rules have to be added to this, so that a peaceful coexistence can be made possible.
If, for example, children, the use of pool accessories or the conversations taking place in a whirlpool exceed the permissible limits of 35 to 55 decibels or in some other way represent an unacceptable nuisance for the majority of the neighbors, one should first and foremost seek a personal conversation in private in which the prevailing problem is discussed objectively.
If this measure does not bring any improvement, there are several options how to proceed, whereby going to the landlord and keeping a noise log should be exhausted before calling the police.