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https://www.agn-avocats.com/blog/real-estate/urban-planning/construction-of-a-swimming-pool-building-permit-or-declaration/
Modern house with a swimming pool, modern pool villa at the beach

Construction of a swimming pool : Building permit or Declaration ?

You want to build your pool ? Before undertaking such a project, you must know the necessary administrative formalities.

The construction of a private swimming pool is subject to specific regulations governed by the French Code de l’Urbanisme, possibly supplemented by a local urban plan (PLU) specific to each commune.

Does the construction of a swimming pool have to be declared to the town hall? Is it necessary to file a building permit to build a swimming pool ? Is it necessary to file a preliminary declaration to build a swimming pool ?

Building permit or prior declaration ?

The construction or the installation of your swimming pool must respect certain rules of joint ownership. Beyond a certain surface and depending on the characteristics of your pool, authorizations may be required.

Pool without a cover

The obligations you have to fulfill in terms of authorization and declaration differ according to the size of your pool’s basin.

Surface of the basin inferior to 10m²

In principle, no authorization is required for the installation or construction of a pool of this size.

However, in some areas, a permit may be required. This is the case in the following areas

  • protected area (historical urban center in particular)
  • classified site or site in the process of being classified (natural monument in particular)
  • natural reserve or natural park

Remember to consult the local urban planning rules applicable in the area where you wish to carry out your project. These rules may also impose specific restrictions.

Consult the town planning department of your town hall.

Basin surface area greater than 10m² and less than 100m²

The installation or construction of a swimming pool with a basin surface greater than 10m² but less than 100m² requires a prior declaration.

A prior declaration must be made for the realization of constructions and works not subject to a building permit concerning a single-family house and/or its annexes.

The installation or construction of a swimming pool of this surface area constitutes, in the sense of the town planning regulations, the construction of an annex to your home.

Download the Prior Declaration Form cerfa_13703-06

Remember to consult the local town planning regulations applicable in the area where you wish to carry out your project. These rules may also impose specific restrictions.

Consult the town planning department of your town hall.

NB: The surface area of a pool basin does not constitute a floor area. This surface area must be deducted from the surface area of the construction and must be declared on the line entitled: “Surface area of the indoor or outdoor pool”.

Surface area of the basin greater than 100m².

The installation or the construction of a swimming pool with a basin surface greater than 100m² requires a building permit.

A building permit application must be made for the construction of an individual house and/or its annexes including or demolitions.

The installation or construction of a swimming pool of this surface area constitutes, in the sense of the town planning regulations, the construction of an annex to your individual house.

Download the form “Application for a building permit Cerfa_13406-06

Remember to consult the local town planning regulations applicable in the area where you wish to carry out your project. These rules may also impose specific restrictions.

Consult the town planning department of your town hall.

NB: The surface area of a pool basin does not constitute a floor area. This surface area must be deducted from the surface area of the construction and must be declared on the line entitled: “Surface area of the indoor or outdoor pool”.

Pool and shelter

The obligations which weigh on you in terms of authorization and declaration differ according to the dimensions of the basin of your swimming pool.

Surface area of the basin less than 10m ².

The applicable rules are the same as for the installation or the construction of a pool without a cover, in principle no authorization request is necessary →See above

Surface of the basin greater than 10m² and less than 100m²

When the height of the planned shelter does not exceed 1.80m. no additional particular formality is required. You must make a prior declaration as provided for by the regulations for pools of this surface →See above

When the height of the planned shelter exceeds 1.80m. a building permit is required. You must comply with the regulations developed above for the installation or construction of a pool of more than 100m² →See above

Surface of the basin greater than 100m².

The size of the shelter does not matter here, when you want to install or build a pool with a basin area larger than 100m² as well as a shelter, you need to obtain a building permit.

You must respect the regulations developed above.

Other cases

Above ground pool

The installation of an above ground pool (a kit pool or an inflatable pool for example) may require an authorization depending on the duration of its installation.

  • Pools installed for a maximum of 3 months (15 days in a protected area): no authorization required in principle. You can refer to the details above
  • Pool installed more than 3 months in the year (15 days in protected area): authorization required depending on the surface of the basin. You can refer to the details above

Construction of a shelter on an existing pool

  • Shelter whose height does not exceed 1,80m. no authorization required
  • Shelter whose height exceeds 1,80m. : prior declaration required → Download the Prior Declaration Form cerfa_13703-06

Note: Beyond these regulatory aspects, be aware that you are required to equip your pool with safety devices to prevent the risk of drowning and that the construction of your pool may result in an increase in your local taxes.

Do you have other questions about a pool construction project? Do you wish to know more about the consequences of such a project on your personal situation? Would you like advice on how to fulfill your obligations?

Contact us and a lawyer from the AGN Avocats network, expert in urban planning and construction law, will meet with you!

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