5. Noise from leisure and sports facilities
 

 

5.1        Legal foundations

The law branches that are affected by noise from leisure and sports facilities are basically pollution control rights, building law and civil law.

For aspects in the context of urban land-use planning we would like to refer to § 50 of the Federal Immission Control Act, which regulates the allocation of areas earmarked for different types of use in the context of regional planning projects (see section 2.3.1). Regulations pursuant to the Federal Land Utilisation Ordinance (§§ 2 to 11) shall be considered within building areas: Sports facilities in purely residential areas are only permitted if they are useful for the residents of this area. Sports facilities are generally permitted in general residential areas, special residential areas, mixed areas, village areas and core areas. They are exceptionally permitted in small housing estates, commercial areas and industrial areas.

What is especially affected in civil law is the neighbouring rights within §§ 906 and 1004 of the German Civil Code.

The relevant legal foundation for pollution control aspects is the Federal Immission Control Act. In the case of leisure facilities subject to licensing pursuant to § 4 of the Federal Immission Control Act or to the 4th Federal Immission Control Ordinance, the authorities must check whether and to what extent specific conditions and obligations for the protection from harmful noises shall be tied to the granting of a license (§ 12 of the Federal Immission Control Act). If necessary, the license can also be withheld. Subsequent orders in the case of harmful environmental impacts from noises can be issued pursuant to § 17 of the Federal Immission Control Act.

All installations where motor sport is practised and exercised on five or more days per year count among installations subject to licensing, with the exception of model sports facilities. Shooting ranges for small arms are also included.

Other regularly or permanently operated facilities, like sports fields, sports halls, bobsleigh runs etc., are installations not subject to licensing within the meaning of the Federal Immission Control Act. The obligations for operators of installations not subject to licensing are regulated in § 22 of the Federal Immission Control Act, saying that "installations not subject to licensing shall be constructed and operated in such a way that any harmful effects on the environment which are avoidable with the use of the best available techniques are prevented" or kept to a minimum. § 23 authorizes the Federal Government "to require by ordinance ... that the construction, nature and operation of installations not subject to licensing meet specific requirements". The Ordinance on the Prevention of Noise from Sports Facilities (18th Federal Immission Control Ordinance) is grounded on this legal basis.

§§ 24 and 25 of the Federal Immission Control Act regulate orders on a case-to-case basis (technical protective measures and time limits) and the prohibition of the operation of installations not subject to licensing.

 

 

 

 

           
.
HOME SITEMAP LINKS IIMPRINT DOWNLOAD
Noise Manual for Urban Development Online
© Ministry of Economy Baden-Württemberg in cooperation
with Environmental Protection Department of Stuttgart