Does a floodlight system need a building permit?

Building law is state law. The Musterbauordnung is not itself a law but the template the states follow. In § 59(1) it states: “Die Errichtung, Änderung und Nutzungsänderung von Anlagen bedürfen der Baugenehmigung, soweit in den §§ 60 bis 62, 76 und 77 nichts anderes bestimmt ist.” (The erection, alteration and change of use of installations require a building permit unless §§ 60 to 62, 76 and 77 provide otherwise.)

The exception is in § 61(1) no. 5 letter e. According to it, “Flutlichtmasten mit einer Höhe bis zu 10 m” (floodlight masts up to a height of 10 m) are exempt from the permit procedure. The explanatory memorandum to the Musterbauordnung explains this by saying that such masts are as a rule assigned to existing sports facilities.

The states do not adopt the rule uniformly. Four examples:

• Bavaria, Art. 57(1) no. 5 letter e BayBO: “Flutlichtmasten mit einer freien Höhe bis zu 10 m” (floodlight masts with a clear height of up to 10 m)
• Saxony, § 61(1) no. 5 letter f SächsBO: “Flutlichtmasten mit einer Höhe bis zu 10 m” (floodlight masts up to a height of 10 m)
• Schleswig-Holstein, § 61(1) no. 5 letter d LBO: “Flutlichtmasten mit einer Höhe bis zu 10 m auf Sportanlagen” (floodlight masts up to a height of 10 m on sports facilities)
• North Rhine-Westphalia, § 62(1) no. 5 letter e BauO NRW: “Flutlichtmasten auf Sportanlagen, ansonsten bis zu einer Höhe von 10 m” (floodlight masts on sports facilities, otherwise up to a height of 10 m)

For other states, their own building code applies. The paragraphs and limits may read differently there.

The association guide from the football associations of Saxony, Saxony-Anhalt and Thuringia recommends 16 m for training and 18 to 20 m for competition facilities. Such masts are above the 10 m limit and are not covered by this exemption. That does not yet mean that a full permit procedure is always needed: which procedure applies is decided by the state and the authority.

For the building application, the association guide also names the structural calculation for foundations. We supply dimensions, weights and the lighting calculation for your masts. The structural stability certificate is prepared by a structural engineer or a testing company.

The wording of the building code alone is not always enough. The association guide assumes a building permit for all masts. In 2018 the city of Munich stated that the permit requirement when converting to artificial turf pitches is also triggered by “die Errichtung und Nutzung neuer Flutlichtanlagen” (the erection and use of new floodlight systems). So it was not only about the individual mast there, but about the sports facility and its use.

Also check § 61(1) no. 10 letter c of the Musterbauordnung. According to it, “Anlagen, die der zweckentsprechenden Einrichtung von” (installations serving the appropriate equipping of) sports grounds, among others, excluding buildings and stands, are exempt from the permit procedure. Whether this also applies to floodlighting is decided by the authority. Clarify this with the local building authority before planning.

The law distinguishes alterations requiring a permit from maintenance work, which under § 61(4) of the Musterbauordnung (Model Building Code) is exempt from the permit procedure. Whether replacing the floodlights counts as maintenance or alteration is not expressly settled by the cited provisions. Clarify this with the local building authority beforehand.

Therefore tell the local building authority specifically what changes:

• Number, weight and position of the floodlights
• Crossarms, mast height and new masts
• Light distribution towards the neighbours
• Evening hours of use

Even without a permit procedure, the regulations must be complied with. § 59(2) of the Musterbauordnung says that exemption from the permit requirement does not release one “von der Verpflichtung zur Einhaltung der Anforderungen” (from the obligation to comply with the requirements) arising from public law provisions.

This applies particularly to light. In Sittensen, light pollution at the residential buildings had to be assessed as part of the building permit. In Frickingen, the regional council demanded, because of a protected area, that the limitation of floodlight operation be set in the development plan or in the building permit procedure with legal effect. Therefore also check existing permits and development plans for rules on light and operating times.

This page is not a substitute for legal advice or for information from the authority. The building supervision authority at your location is responsible.