Solicitor confirms your legal rights to put a hot tub in your garden this summer

It’s a common summer addition to gardens which has exploded in popularity over recent years - but legal experts have warned people to be aware of their legal rights when installing a hot tub in their gardens.

The appeal of blasting the jets while you soak in the sunshine has led to many households putting a hot tub in their garden, despite the outlay and the continued expense of heating up the water and chlorinating it to keep it clean.

But Kate Fowler, Senior Associate Solicitor at BRM, has issued advice to households on behalf of Platinum Spas.

She said that households must be aware of several ‘legal considerations’ when putting a hot tub in place, including planning permission depending on where you live and the rules around gazebos, decking and other permanent structures you may house it in.

Ms Fowler said: “There are a number of practical and legal considerations to keep in mind when installing a hot tub. While planning permission is not usually required, issues can arise if the property is listed or in a conservation area, and consideration should be given to whether planning permission is required for any decking, gazebo or permanent structure to be built around the hot tub.

“The installation itself can also cause disruption. Access may be needed through neighbouring land, or equipment such as cranes may be required to lift the tub into place. This can lead to temporary noise and inconvenience, so it is sensible to inform neighbours in advance and, where necessary, obtain permission for access. Disturbances caused by short term works at a property are unlikely to constitute a legal nuisance, particularly where the works are undertaken during the week and/or daytime hours.

“Ongoing use of a hot tub can also give rise to complaints. Noise from pumps, bubbles, music, or late-night use may amount to a nuisance if the noise is excessive and/or occurs at unreasonable hours. Being mindful of neighbours, particularly in the evenings and at weekends, can help avoid disputes.”

If your neighbour does complain about your new tub, you should attempt to resolve it directly first.

She added: “If a dispute arises with a neighbour, it is often best to try to resolve matters early where possible. Open and respectful communication can prevent issues from escalating and may help preserve a good relationship. However, it is always important to remember to keep a contemporaneous and detailed note of any discussions, or for correspondence with your neighbour to be in writing.

“Taking simple preventative steps can also reduce the risk of disputes. This might include obtaining legal advice on property boundaries, the enforceability of restrictive covenants and planning requirements before commencing any work. Also, it may help to keep neighbours informed of any proposed works, so that you can address potential concerns at an early stage.”