Installing a flagpole in Germany: permits, foundation and location

The good news first: an ordinary flagpole in the garden usually needs no building permit in Germany. Building regulations are, however, a matter for the federal states, and “exempt from the permit procedure” does not mean that no rules apply. Here is a summary of what building codes, development plans, neighbour law and condominium law say about putting up a flagpole.

Exempt under the building code

The Model Building Code (Musterbauordnung) of the conference of building ministers, on which the state building codes are based, lists “masts and supports … for sirens and for flags” among the building projects exempt from the permit procedure in section 61(1) no. 5. It sets no height limit for them. The same rule appears, for example, in:

The other states have their own wording. How the rule reads in a particular state is set out in its building code; the building control authority can give information.

Exempt does not mean free of rules

Under section 59(2) MBO and, for example, Art. 55(2) BayBO, exemption from the permit procedure does not release anyone from complying with the public-law rules. The building control authority can also take action against exempt installations. The following can play a role:

• Development plan: it can limit heights, exclude ancillary structures outside certain areas or set design requirements.
• Local building regulations and design statutes: some municipalities regulate the townscape, for example in historic town centres.
• Heritage protection: at a listed building and in its surroundings, a heritage permit may be required.
• Setback areas: under section 6 MBO they apply to buildings and to installations that have effects like buildings. Whether a pole counts depends on the individual case and on state law.
• Advertising installations: a pole with a company or advertising flag can be an advertising installation. Under section 61(1) no. 12 MBO, advertising installations are only exempt up to a visible area of 1 m², and in commercial and industrial areas at the place of business up to 10 metres in height. Outside built-up areas, advertising installations are in principle not permitted under section 10 MBO, with exceptions such as those at the place of business.

Condominiums and rented flats

In a condominium owners’ association, the garden is usually jointly owned. A flagpole is then usually a structural alteration under section 20 of the Condominium Act (WEG). The owners can decide on such measures or permit an individual owner to carry them out by resolution. For tenants, a firmly anchored pole depends on the tenancy agreement and the landlord’s consent.

Neighbours

Private neighbour law is partly federal law and partly state law. Under section 906 of the Civil Code (BGB), a neighbour has to tolerate insignificant nuisances, such as occasional noise. A line slapping against the pole at night, or a floodlight shining into a bedroom, can go beyond that in the individual case. An internal halyard or muffled snap hooks reduce noise. More in the guide to flag lighting.

Foundation and stability

Under section 12 MBO, every structure has to be stable. The manufacturer specifies what the foundation looks like. A concrete foundation with a ground sleeve or a tilting device is common. Size and depth depend on:

• Pole height and flag size: both determine how large the bending moment at the foot of the pole becomes.
• Wind zone: under DIN EN 1991-1-4 with its National Annex, Germany is divided into four wind zones. The German Institute for Building Technology (DIBt) publishes the allocation by administrative boundaries. Coasts and exposed locations are subject to higher loads.
• Ground: loose or filled ground bears loads differently from undisturbed ground.

After pouring, concrete needs time before it can take loads. Manufacturers state waiting times before the pole is erected or the flag is raised.

Location

• Fall zone: a falling pole can reach roughly as far as it is tall. Buildings, paths, parking spaces and neighbouring plots within this zone are affected.
• Underground lines: before digging, network operators can provide information on electricity, gas, water and telecommunications lines.
• Overhead lines: metal poles conduct electricity, and GRP can also become conductive when wet.
• Trees and buildings: they can shield the wind so that the flag hangs limp, and the flag can catch on branches.
• Access: tilting poles need space to be laid down.

Which height suits a plot is described in the guide to flagpole heights; safety aspects are in the guide to flagpole safety.