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A private weekend property by the water sounds idyllic, but it also presents legal challenges. From complying with the Water Resources Act to proper drainage – we show you what you need to be aware of. Would you like to ensure that your dream of a weekend property does not become a nightmare? Contact us for a no-obligation consultation.
The water rights are crucial for weekend properties near water and affect buildability, usage, and obligations. Compliance with the laws ensures the value of your property.
Stormwater management offers financial benefits by reducing or avoiding the stormwater fee. Measures such as infiltration basins can decrease sewage charges.
Conservation law aspects need to be considered for water body measures in order to protect animal and plant species. Compliance with regulations ensures the long-term value and ecological integrity of your property.
A weekend plot promises relaxation and the enjoyment of nature. However, before the dream of your own retreat becomes a reality, there are some legal hurdles to overcome. In particular, special regulations must be observed for plots near water. This article provides you with an overview of the key aspects of water law and shows you how to avoid pitfalls.
Overview of the legal framework for weekend plots near water
When purchasing a weekend plot, especially near bodies of water, it's important to know the specific legal framework. These regulations affect not only the buildability and use of the plot but also the rights and obligations that come with ownership.
Definition and specifics of weekend plots
Weekend plots differ significantly from residential plots and holiday properties. They are primarily used for leisure and relaxation. Typically, they are subject to building restrictions outlined in development plans and state building codes. These restrictions can affect the size and type of permissible structures to maintain the recreational character of the areas.
The importance of water law for weekend plots
Water law plays a crucial role for weekend plots located near bodies of water. It significantly affects the buildability and use of the plot. Owners have certain rights but also obligations arising from water law. These include regulations concerning the shoreline area, drainage, and protection of the body of water.
Objective of the article
This article aims to provide you as an owner or interested party of a weekend plot near water with comprehensive information. We show you how to comply with legal regulations and what rights and obligations you have. This way, you can avoid costly mistakes and enjoy your dream of a weekend plot without worry.
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Water law is a complex legal area governed at both federal and state levels. It serves to protect water bodies and regulates the use of water. For owners of weekend properties, it is important to understand the basic principles to comprehend their rights and obligations.
The Water Resources Act (WHG) and its central principles
The Water Resources Act (WHG) forms the basis of German water law. It establishes the central principles for the protection and management of water bodies. The key principles include preventing harmful changes to water bodies, sustainable management, and adapting to climate change.
Prevention of harmful changes to water bodies (§ 6 WHG)
According to § 6 WHG, all measures affecting a water body must be carried out in such a way that harmful changes to the properties of the water body are avoided. This is particularly relevant for the development of properties near water. It is important to ensure that the natural water balance is not impaired and does not result in increased or accelerated runoff.
Sustainable management and adaptation to climate change
The WHG requires sustainable management of water bodies, also considering adaptation to climate change. This means that planning and implementing measures must take into account the long-term impact on water bodies. Particularly for weekend properties near water, it is crucial to focus on environmentally friendly use.
Rainwater as wastewater (§ 54 WHG)
According to § 54 WHG, collected rainwater from built-up areas is considered wastewater. As a result, it must be disposed of without impairing the public welfare. The infiltration of rainwater should be prioritized wherever possible. Otherwise, requirements for discharge into water bodies or sewers must be observed.
State water laws (Example: Thuringia) and their significance
State water laws specify the WHG at the state level and contain specific regulations for water maintenance and development. An example of this is the Thuringian Water Act. Publications on water law provide further information.
Specification of WHG at the state level
State water laws adapt the federal legal requirements to the specific conditions of each federal state. They contain detailed regulations on water use, flood protection, and wastewater disposal. Therefore, for owners of weekend properties, it is essential to be aware of the specific regulations of the respective state water law.
Specific regulations for water maintenance and development
State water laws also include specific regulations for water maintenance and development. These regulations determine who is responsible for the maintenance of water bodies and what measures are permissible. When measures affect the shoreline, it is particularly important to comply with the nature conservation regulations.
EU Water Framework Directive and its impact
The EU Water Framework Directive aims to achieve good ecological status of water bodies and prevent deterioration. It has significant implications for national water legislation and water management. The EU Water Framework Directive is an important aspect.
Achieving good ecological status of water bodies
The EU Water Framework Directive demands that all water bodies achieve a good ecological status. This means that the quality of the water bodies must be improved and biodiversity preserved. Measures to achieve this goal may include the restoration of rivers and streams or the reduction of nutrient inputs.
Deterioration prohibition
The EU Water Framework Directive includes a deterioration prohibition, which states that the ecological status of water bodies must not deteriorate. This means that all measures affecting a water body must be carried out in such a manner that no deterioration occurs. In particular, when developing properties near water, it is crucial to adhere to the deterioration prohibition.
Rainwater management is an important aspect of managing weekend properties, especially near water. It not only serves to protect the water bodies but can also offer financial benefits. By employing decentralized rainwater management, you can reduce or even completely avoid rainwater charges.
Legal requirements for rainwater management
Rainwater management in Germany is regulated by various laws and regulations. The most important include the Building Code (BauGB) and the state building codes. These set the requirements for the disposal of rainwater.
Development plans and building permits (§ 29 BauGB)
According to § 29 BauGB, development plans can include regulations on rainwater management. These may, for example, require that rainwater be absorbed or retained on the property. Building permits may also include conditions regarding rainwater management. It is advisable to be informed about the development plans at an early stage.
Limitation of drainage to natural runoff characteristics
An important requirement for rainwater management is the limitation of drainage to natural runoff characteristics. This means that no more rainwater should be drained than before the development of the property. The aim is to protect the water bodies from overload and to prevent flooding.
Prohibition of discharge into combined sewer systems
In many municipalities, the discharge of rainwater into the combined sewer system is prohibited. This serves to relieve wastewater treatment plants and protect water bodies from pollution. Instead, rainwater should be managed decentralized, for example through absorption or usage.
Options for decentralized rainwater management
There are various ways to manage rainwater in a decentralized manner. The most common include absorption basins, trenches, rain barrels, and cisterns. Green roofs and permeable surfaces can also contribute to rainwater management.
Absorption basins and trenches
Absorption basins and trenches are underground storage systems that collect rainwater and allow it to gradually seep into the ground. They are an effective way to manage rainwater decentrally and to raise the groundwater level.
Rain barrels and cisterns
Rain barrels and cisterns are used for storing rainwater. The stored water can then be used for garden irrigation or toilet flushing, which saves drinking water and reduces sewage charges.
Green roofs and permeable surfaces
Green roofs and permeable surfaces reduce surface runoff and promote the absorption of rainwater. They thus contribute to the relief of the sewer system and the improvement of the urban climate.
Rainwater charge and exemptions
Many municipalities charge a rainwater fee for the disposal of rainwater. By employing decentralized rainwater management, you can reduce or even completely avoid this fee. The legal regulations are to be observed.
Crediting of rainwater management measures
Many municipalities credit rainwater management measures against the rainwater charge. This means that you pay less or no charge if you absorb or use the rainwater on your property.
Information from Berliner Wasserbetriebe
Berliner Wasserbetriebe offer comprehensive information on rainwater charges and exemption options. There you can learn how to reduce or avoid the fee.
As a resident adjacent to a body of water, you have certain rights, but also responsibilities. Watercourse maintenance is an important task that helps to preserve and improve the condition of water bodies. It is important to know the distinction between watercourse maintenance and watercourse development.
Distinction between Watercourse Maintenance and Development
The distinction between watercourse maintenance and development is not always simple, but it is crucial. Watercourse maintenance includes all measures aimed at preserving or restoring the natural condition of the water body. Watercourse development, on the other hand, involves measures that significantly alter the water body.
Importance for the Permissibility of Measures
The distinction between watercourse maintenance and development is important because watercourse development generally requires approval. In contrast, watercourse maintenance is subject to simplified procedures or even exemptions from approval requirements.
Examples of Initial Measures and Possible Reclassification
Initial measures are actions initially classified as watercourse maintenance but can later be reclassified as watercourse development. This occurs, for example, if the measures significantly alter the water body or provide it with new functions.
Acceptance Obligations of Residents (§ 41 WHG)
According to § 41 WHG, residents have certain acceptance obligations. This means that they must tolerate watercourse maintenance measures on their property. The Guide to Water Law provides further information.
Extent of Acceptance Obligations (Bank Vegetation, Shading)
The extent of acceptance obligations is not unlimited. For example, residents must tolerate the bank vegetation and the shading by trees, as long as they are not unreasonable. Unreasonableness can occur, for instance, if the shading significantly affects the use of the property.
Announcement Obligation before Conducting Measures
Before carrying out watercourse maintenance measures, residents must generally be informed. This gives them the opportunity to raise objections to the measures or suggest their own proposals.
Traffic Safety Obligation and Watercourse Maintenance
The traffic safety obligation and watercourse maintenance are two different responsibilities. The traffic safety obligation concerns the securing of the property from dangers posed by the water body. Watercourse maintenance involves the care and preservation of the water body.
Distinction between Obligations from Watercourse Maintenance and Land Ownership
It is important to distinguish between obligations from watercourse maintenance and those from land ownership. Obligations from watercourse maintenance are usually legally regulated and relate to the care and preservation of the water body. Obligations from land ownership concern securing the property from hazards.
Bank Vegetation and Deadwood
Bank vegetation and deadwood can have both positive and negative effects on water bodies. Bank vegetation, for instance, can contribute to bank stabilization and provide habitat for wildlife. Deadwood can also provide habitat but may impair navigability.
Cost Distribution for Installations (Bank Walls, Pipelines)
The cost distribution for installations such as bank walls and pipelines depends on their function. If the installation primarily serves water management, the public sector usually bears the costs. If the installation primarily serves private benefits, the owner bears the costs.
Function of the Installation (Water Management vs. Private Benefit)
The function of the installation is crucial for the cost distribution. If the installation primarily serves water management, such as flood protection, the public sector usually bears the costs. If the installation primarily serves private benefits, such as securing the property, the owner bears the costs.
Role of the Water Authority in Disputes (§ 67 Abs. 4 ThürWG)
In disputes over cost distribution, the water authority can be called upon. The water authority then decides who should bear the costs. Recreational properties are also affected.
The ownership of bodies of water is complex and often difficult to understand. Fundamentally, water itself is not private property but is subject to public use. However, the riverbed can be private property. This affects the rights and obligations of owners of weekend properties near water.
Ownership of the Riverbed vs Water
According to § 4 para. 2 WHG, water itself is not private property. It is publicly accessible and can be used by anyone as long as it does not infringe on the rights of others. The riverbed, however, can be private property. Properties with water access are relevant here.
Water as Public Property (§ 4 para. 2 WHG)
§ 4 para. 2 WHG states that water is public property. This means that everyone has the right to use the water as long as it does not infringe on the rights of others. This applies, for example, to swimming, fishing, or boating.
Ownership Boundaries and Their Implications
The boundaries of ownership at water bodies can significantly impact the use of the property. If the riverbed is private property, the owner has the right to use and develop the riverbed. However, they must comply with water regulations.
Public Use and its Limitations
Public use of bodies of water is not unlimited. It can be restricted if it endangers public safety or order or infringes on the rights of others. The condition of the water can also justify limiting public use.
Livestock Watering and Other Uses
Livestock watering is a traditional use of bodies of water. However, it is only permitted if it does not deteriorate the condition of the water. Other uses, such as extracting water for irrigation, can also be restricted if they threaten the water condition.
Impact on the Condition of Water Bodies
All uses of bodies of water must be carried out so as not to impair the condition of the water. This means that no pollutants may be introduced into the water and the natural water balance must not be disturbed.
Abutting Plots (GDR Legacy)
Abutting plots are a legacy from the GDR era. They arose when properties extended up to the water with no public shore zone. This can lead to problems determining ownership.
Challenges in Determining Ownership
Determining ownership for abutting plots can be challenging because the boundaries are often not clearly defined. In such cases, it is advisable to consult a surveyor to establish the exact boundaries.
Handling These Situations
When dealing with abutting plots, it is important to consider historical circumstances and comply with water regulations. In many instances, finding an amicable solution with neighbors and the municipality is advisable.
Water bodies are not only habitats for many animals and plants, but also important components of the natural environment. Therefore, it is important to consider the aspects of nature conservation law when undertaking measures on water bodies. This is especially true for weekend properties near water.
Importance of species protection law in water body measures
The species protection law plays a crucial role in water body measures. It is intended to ensure that no animal and plant species are adversely affected by the measures. In particular, the prohibitions on intervention in § 44 para. 1 BNatSchG must be observed.
Prohibitions of intervention in § 44 para. 1 BNatSchG
§ 44 para. 1 BNatSchG prohibits the capture, injury, or killing of wild animals of particularly protected species. The destruction or damage to their breeding or resting sites is also prohibited. These prohibitions also apply to water maintenance measures.
Need for exceptions
In certain cases, it may be necessary to apply for an exception to the prohibitions of intervention in § 44 para. 1 BNatSchG. This is the case, for example, if the water maintenance measures are unavoidable and there is no other way to protect the animals.
Use of native trees and seeds (§ 40 BNatSchG)
For greening measures on water bodies, the use of native trees and seeds is prescribed. This is to ensure that the native flora is preserved and the ecological function of the water body is not impaired.
Proof obligations from 2 March 2020
From 2 March 2020, only plants and seeds from declared occurrence areas may be used for greening measures. This must be substantiated by appropriate proof. Weekend properties with water access are also affected.
EIA requirement for water body expansion
An Environmental Impact Assessment (EIA) may be required for the expansion of water bodies. This is the case if the measures can have significant impacts on the environment. The EIA is intended to ensure that environmental concerns are considered in the planning and implementation of the measures.
Criteria for EIA requirement
The criteria for the requirement of an EIA are determined by the EIA laws of the states. Generally, measures are subject to EIA if they can have significant impacts on the environment. This might be the case, for example, when large areas are sealed or rare animal and plant species are affected.
Role of preliminary examinations
Prior to carrying out an EIA, a preliminary examination may be conducted. The preliminary examination is meant to determine whether the measures can actually have significant environmental impacts. If this is not the case, the implementation of an EIA can be waived.
Approval procedures and plan approval
Generally, an approval procedure is required for water body measures. In certain cases, plan approval may also be necessary. The approval procedure is intended to ensure that the measures comply with legal requirements and that environmental issues are taken into account.
Balancing process and planning discretion
In the approval procedure, a balancing process takes place, where different interests are weighed against each other. The authority has planning discretion in this regard. However, it must consider all relevant concerns and make a comprehensible decision.
Public participation
In many approval procedures, the public is involved. This means that plans are publicly displayed and everyone has the opportunity to raise objections. The objections are then reviewed by the authority and considered in the decision-making process.
Weekend plots near water are particularly at risk from flooding and heavy rain. A natural hazard insurance can protect against the financial consequences of such events. It is important to review existing insurance policies and take out natural hazard insurance if necessary.
The importance of natural hazard insurance
Natural hazard insurance covers damage caused by natural forces such as flooding, heavy rain, landslides, or avalanches. It is an important supplement to building and contents insurance.
Coverage of damage caused by flooding and heavy rain
Natural hazard insurance covers damage caused by flooding and heavy rain. This can include, for example, damage to buildings, furniture, or electrical appliances.
Reviewing existing insurance policies
It is important to regularly review existing insurance policies and adjust them if necessary. Many building and contents insurance policies exclude natural hazards. In this case, it is advisable to take out a separate natural hazard insurance.
ZÜRS zones and their impact on insurance premiums
The premium for natural hazard insurance depends on the plot's location in a ZÜRS zone. ZÜRS stands for zoning system for flooding, backwater, and heavy rain. The higher the risk zone, the higher the insurance premium.
Risk assessment and zoning
Risk assessment and zoning are carried out by insurance companies. They take into account various factors such as the elevation of the plot, proximity to water bodies, and past damage in the area.
Flood protection measures on the property
In addition to natural hazard insurance, flood protection measures on the property can also help prevent damage. These include, for example, retaining rainwater, the prohibition of discharging onto neighbouring properties, and flood protection assessments.
Retaining rainwater
Retaining rainwater can help relieve the sewage system and reduce the risk of flooding. This can be achieved, for example, by building cisterns or infiltration systems.
Prohibition of discharging onto neighbouring properties
The discharging of rainwater onto neighbouring properties is generally prohibited. This ensures that neighbours are not damaged by the diverted water. The drainage of the house and property is important.
Flood protection assessment (from 800 m²)
For properties from 800 m², a flood protection assessment is usually required. The assessment should identify the threat to the property from flooding and propose measures to protect the property.
Climate change is leading to altered weather conditions and an increased risk of extreme weather events such as heavy rain and flooding. This has implications for the legal framework for weekend properties near water. It is important to stay informed about future legal changes and adjustments.
Future legal changes and adjustments
It is anticipated that legal requirements for rainwater management will become stricter in the future. This aims to help protect bodies of water from overloading and reduce the risk of flooding.
Expected tightening in the field of rainwater management
The requirements for the infiltration and retention of rainwater are expected to increase. The introduction of rainwater into the sewage system is also likely to become more regulated.
Adapting to climate change
Adapting to climate change requires a holistic approach to water management. This includes measures such as the construction of flood protection facilities, the renaturation of rivers and streams, and the promotion of decentralized rainwater management.
Technological innovations in water management
The field of water management is characterized by technological innovations. These include decentralized solutions and intelligent systems that help to use water resources more efficiently and protect the environment.
Decentralized solutions and intelligent systems
Decentralized solutions allow for the local management of rainwater and relief of the sewage system. Intelligent systems can help optimize water consumption and monitor water quality.
Importance of the ThürWG implementation notes
The ThürWG implementation notes provide guidance on interpreting the Thuringian Water Act. While not legally binding, they can be helpful when applying the law.
Guidance on interpreting the Thuringian Water Act
The ThürWG implementation notes contain detailed explanations of the individual provisions of the Thuringian Water Act. They can help to better understand and implement the legal requirements.
Non-binding nature of the notes
It is important to note that the ThürWG implementation notes are not legally binding. Courts are not bound by the notes when interpreting the law. However, they can serve as a guide.
Purchasing and using a weekend property near water involves numerous legal aspects. It is crucial to be fully informed and comply with legal requirements. This is the only way to avoid costly mistakes and enjoy your dream retreat without worries.
Summary of Main Legal Aspects
The key legal aspects when purchasing and using a weekend property near water are water rights, nature conservation law, and building regulations. It is essential to know and comply with the legal requirements.
Recommendations for Owners of Weekend Properties
Owners of weekend properties near water are advised to regularly check drainage systems and seek professional advice. Local regulations should also be observed.
Regular Inspection of Drainage Systems
Regular inspection of drainage systems can help prevent flood and heavy rain damage. It is advisable to maintain and repair the systems as needed.
Advice from Professionals
Advice from professionals can help avoid legal mistakes and find optimal solutions for the property. It is advisable to consult architects, engineers, and solicitors.
Observance of Local Regulations
Local regulations may differ from federal and state laws. Therefore, it is crucial to know and comply with local regulations.
Appeal to Politics and Administration
Politics and administration are urged to promote sustainable water management and create clear and understandable regulations. This can help protect water bodies and improve citizens' quality of life.
Promotion of Sustainable Water Management
Promoting sustainable water management can help conserve water resources and protect the environment. This can be achieved, for example, by promoting decentralized rainwater management and the construction of flood protection facilities.
Creation of Clear and Understandable Regulations
Clear and understandable regulations can help increase legal certainty and improve public acceptance of water management measures.
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The Water Resources Act (WHG) forms the basis of German water law and sets out the principles for the protection and management of water bodies.
The publications on water law of the Thuringian State Parliament provide further information on water law in Thuringia.
The EU Water Framework Directive aims to achieve a good ecological status of water bodies and prevent deterioration.
The legal regulations of the city of Berlin provide information on the rainwater charge and exemption options.
The guide on water law provides more information on the obligations of adjacent landowners to tolerate certain activities according to § 41 WHG.
The union of insurance advisors offers a guide to drainage for house and property.
What construction restrictions typically apply to weekend properties?
Weekend properties often face building restrictions regarding the size and type of permissible buildings in order to preserve their recreational character. These are established in development plans and state building regulations.
How does water law affect the use of a weekend property near water?
Water law significantly influences the buildability and use of properties near water. It governs rights and obligations concerning the shore area, drainage, and water protection.
What does the obligation to prevent harmful changes to water bodies according to § 6 WHG mean?
According to § 6 WHG, all measures impacting a water body must be carried out to prevent harmful changes to the water body's properties. This is particularly applicable to the development of properties near water.
How can I save on stormwater fees as an owner of a weekend property?
By implementing decentralized rainwater management, such as soakaway trenches, infiltration trenches, or cisterns, you can reduce or even completely avoid stormwater fees.
What are my toleration obligations as a waterway adjacent property owner according to § 41 WHG?
As an adjacent property owner, you have certain toleration obligations, meaning you must allow waterway maintenance measures on your property, such as bank planting or shade casting by trees, unless they are unreasonable.
What is the difference between waterway maintenance and waterway development?
Waterway maintenance involves measures to preserve the natural state of the waterway, while waterway development involves measures that significantly alter the waterway and typically require approval.
What should I consider regarding species protection law when undertaking measures on my weekend property?
Species protection law aims to ensure that no animal or plant species are adversely affected by the measures. Particularly, the access prohibitions of § 44 Para. 1 BNatSchG must be observed.
What role does elemental damage insurance play for weekend properties near water?
Elemental damage insurance covers damage caused by natural events such as flooding and heavy rain. It is an important complement to residential building and household insurance.
