Colorful flags flutter happily in the wind in many gardens. But is erecting a mast just allowed? That's what the legislature says.
'54, '74, '90, 2014″ - in these years Germany successfully won the World Cup. The German flags were hoisted everywhere during the entire championship. No matter where you looked, black, red and gold were waving everywhere.
Hoisting the flag is not only a huge phenomenon at the World Cup or European Championship, even now at the start of the Bundesliga you can often see the flags of your favorite club waving again.
Soccer time isn't the only time when the flags fly in the wind. Anyone who has ever driven through an allotment garden knows how many flagpoles there are all year round. This can be the one from the local shooting club, self-made flags or even those from your favorite sports club.
In addition to the enthusiastic flag fans, there are also those who are bothered by such a flagpole. In this article, I would like to explain to what extent flagpoles are allowed in the garden.
Flagpole in the garden - that's what the legislator says
In Germany you need a permit for many things. So it is of course not surprising that this question also arises when it comes to setting up a flagpole. In general, a flagpole in this country does not require a permit up to a height of 10 meters. However, there are different regulations and guidelines from state to state and even from municipality to municipality. To be on the safe side, ask the local building authority or read the building regulations of your respective federal state yourself (at bauordnungen.de)
Construction changes
If you want to set up a flagpole in your garden, you have to pour a foundation above a certain height. Without this, the mast would not find a permanent and, above all, sufficient support and thus become a source of danger.
In this regard, it should be said that a foundation represents a structural change. If you use a garden for rent, you have to get permission from the landlord in this case. They thinkalso because the foundation has to be created professionally, but not by a specialist. You can find professional instructions on how to create a foundation at obi.de.
It is also a structural change if you want to attach the flagpole to a building. The wall mount forms a permanent connection with the building and must be approved accordingly.
By the way, you can choose between aluminum and wood for the flagpoles. Aluminum poles (seen at flaggenmast.com) have the advantage that they are protected against rust in the long term. While wood suits the charm of a gazebo better, it has the disadvantage that it needs to be repainted annually to protect the wood from rotting.
To good neighbors
The waving of the flag is not only a visual change that might bother a neighbor, but also the noise level. Flags don't wave silently in the wind. However, the Arnsberg administrative court (Az. 8 K 1679/12) decided that this is not an unreasonable disruption (available at openjur.de). However, in order not to endanger peace in the neighborhood, it would be advisable to talk to your neighbor and let him know about your plans. For example, you could agree in advance that the flag will be lowered in wind and rain to minimize the noise level.
» By the way: The distance between the mast and the neighbor should be at least 2 meters in all directions.
The right flag - important information
Unlike companies, individuals do not need to obtain permission to raise a flag. Whether you hoist the flag from your favorite football club or from the sports club next door - that's entirely up to you. However, it is important that the flag does not have any prohibited symbols or emblems.