NOISE FROM SPORTS AND LEISURE FACILITIES
5.1 Legal foundations

What principally counts in the field of sports and leisure noise are pollution control rights and building legislation.

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 2.1.1). Within building areas, the provisions of the Federal Land Utilization Ordinance (§§ 2 to 11) are to be applied: 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.

The relevant legal foundation for pollution control aspects is the Federal Immission Control Act (BImSchG). What was said in section 4.1 is analogously applicable to sports and leisure facilities. Installations subject to licensing pursuant to § 4 of the Federal Immission Control Act or to the 4th Federal Immission Control Ordinance (Ordinance on Installations Subject to Licensing) mean only those installations which are used for motorsport (race courses), with the exception of model sports facilities, as well as open shooting stands for small arms and shooting ranges.

Other sports and leisure facilities require (at least) permission under building law, which includes an environmental impact assessment. A modification according to planning legislation is mostly necessary especially for sports facilities.

As for sports facilities not subject to licensing, the 18th Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Prevention of Noise from Sports Facilities) is to be applied.

The Guideline for Leisure Noise (LAI, 2015) is usually used for leisure facilities even if it has not been formally introduced by all Länder governments. The legal practice considers it as "anticipated expert opinion" and thus as a basis for decision-making.

It is often not easy to make the distinction between sports facilities (e.g. official soccer fields) and leisure facilities (e.g. amateur soccer grounds). A rule of thumb could be that sports facilities are used for personal physical exercise or for organized competitions.