Planning Process

Building Permit – Swimming Pool

Authorization for the installation of a swimming pool?

Installing a private swimming pool is a dream for many, providing an oasis of relaxation and enjoyment in the comfort of one’s own garden. With summer temperatures increasing and pool technology improving, more homeowners are turning to this attractive option. However, before diving into the blue waters of your future swimming pool, it is crucial to navigate the labyrinth of administrative procedures.

Building a swimming pool isn’t just about space and budget; it also involves a series of regulations and authorizations to ensure that your project meets safety, environmental and planning standards. These procedures, often perceived as a bureaucratic maze, are in reality essential steps to guarantee the safety of your family and your neighbourhood, while preserving the integrity of your property and the environment.

In this article, we will detail the process of obtaining authorization to build a swimming pool, exploring the different types of authorizations required depending on the size and type of swimming pool, the specific procedures for a prior declaration of works or a building permit, as well as local rules and regulations to take into account. Whether you dream of a small pool for cooling off or a large pool for summer parties, understanding these steps is the first step in turning your dream into reality.

Why is a permit needed for a swimming pool ?

• Legal and planning compliance:The first and most obvious reason for obtaining authorization is to comply with the laws and regulations in force. Each municipality or region has its own planning rules which determine where and how a swimming pool can be built. These rules are designed to ensure a balanced and harmonious use of residential space and to prevent potential conflicts with existing urban plans.
• Safety: Local authorities impose strict safety standards for swimming pool construction. These standards cover various aspects, such as minimum and maximum depth, presence of security features (like fences and alarms), and construction materials. Compliance with these standards is essential to prevent accidents, particularly drownings, which are a major concern, especially for families with young children.
• The stages and deadlines of the procedures for a swimming pool
• The declaration or permit application process includes several steps. First, you must submit your file to the town hall or send it by registered letter with acknowledgment of receipt. The town hall then has one month to examine a prior declaration and two months for a building permit. Once you have obtained permission, you have two years to begin the work, and it must be continuous.

What the law says about swimming pool authorizations

• According to the French Urban Planning Code, the construction of a swimming pool is subject to strict rules, particularly with regard to the necessary authorizations. Under article R421-23, a prior declaration of work is required for uncovered swimming pools whose pool has a surface area less than or equal to 100 m². If the swimming pool is covered, the threshold is reduced to 20 m². Beyond these thresholds, a building permit is mandatory.

Local rules: 

• Local Rules: Some areas have specific regulations regarding the construction of swimming pools, particularly regarding their location relative to property lines, impact on the neighbourhood, or environmental considerations.
• Safety: There are mandatory safety standards for swimming pools, particularly regarding safety devices to prevent drowning (safety barriers, alarms, covers, etc.).
• Environmental impact: In some regions, you may need to prove that your swimming pool project meets environmental standards, for example regarding water treatment or the impact on the local ecosystem.
• Insurance: Check to see if your home insurance needs to be updated to include your pool.

Frequently asked questions about swimming pool permits:

• A common question concerns whether or not a permit is required for an above-ground pool. As we mentioned above, a prior declaration is necessary if it is installed for more than three months per year, or if it is more than 1 m high and more than 10 m².
• Taxation
• Building a swimming pool can have an impact on your local taxes, particularly property tax. According to Article 1407 of the French General Tax Code, a swimming pool is considered an outbuilding of your house and is therefore taxable. The amount of the tax depends on the size of the swimming pool and the cadastral rental value of your property. It is advisable to check with the local tax office for further details.
• Pool plan, Pool section, and Pool layout
• The design of your swimming pool must be clearly indicated in the authorization application file. The swimming pool plan details the shape, dimensions and layout of the swimming pool. The pool cutaway gives a side view of the pool, illustrating depth and other important details. The ground plan, for its part, locates the swimming pool on your property, in relation to your house and the property limits.
• Pool Expansion, Demolition, and Renovation
• Any major modifications to your swimming pool, whether an expansion, demolition or renovation, require a new authorization. Extensions and renovations may require planning permission if they significantly change the size or structure of the pool. Demolition, although not necessarily requiring a permit, must be carried out in accordance with local regulations and may require a demolition permit.
• Types of swimming pools and their authorization
• There are many types of swimming pools, and each may require a different permitting process:

Above ground swimming pool:

• This type of swimming pool is generally exempt from any authorization if it is installed for a period of less than three months per year, if it has a surface area of ​​less than 10m², or if it is located more than 3 meters away. property boundaries. Otherwise, aprior declaration of works may be necessary.

Indoor swimming pool:

• An indoor swimming pool, especially one with a fixed cover more than 1.80m high, generally requires a building permit.

Natural swimming pool:

• The authorization rules for a natural swimming pool are generally the same as for a traditional swimming pool. It may be necessary to consult local regulations for specific restrictions regarding natural swimming pools.
• Aquatic Pool: An elegant term for a swimming pool, often used to emphasize the aesthetic or natural appearance.
• Body of Water: Poetic expression used for a swimming pool, especially when it is designed to fit harmoniously into a garden or landscape.
• Swimming Pond: Used for natural or ecological swimming pools that resemble a natural pond.
• Garden Oasis: A romantic way to describe a swimming pool, evoking a haven of peace and relaxation within the garden.
• Swimming Area: General term for any area designed for swimming and aquatic relaxation.
• Aquatic Haven: Expression used to emphasize the relaxing and refreshing role of a swimming pool in an outdoor setting.
• Aquatic Leisure Centre: A more formal term for a swimming pool, often used in a family entertainment or leisure context.
• Refreshment Area: A way of referring to a swimming pool, especially when it is used primarily for cooling off during the hot summer months.
• Swimming Pool: A more technical or sporting term for a swimming pool, especially when used for training or competition.
• Paddling pool: A term often used for a small, shallow swimming pool, intended for young children.

Floor space, taxable area, and floor area of ​​the swimming pool:

• The footprint of the swimming pool is the area occupied by the swimming pool at ground level. The taxable area is that which will be taken into account for the calculation of the property tax. For swimming pools, floor area is generally not applicable as they are generally not considered buildings.

Regularization of the Swimming Pool:

• If you have built a swimming pool without the required authorization, or if you have not complied with the terms of the authorization, you may be required to regularize the situation. This generally involves filing a retroactive permit application and complying with all required conditions. In some cases, you may be subject to sanctions or a fine.

Refusal of authorization and Appeal:

• If your request for authorization to build a swimming pool is refused, you can make a free appeal to the town hall or an administrative appeal to the administrative court. It is advisable to consult a specialist planning lawyer for advice on the best way to proceed.
• Practical Advice, Tricks and Recommendations
• Building a swimming pool is a delicate and regulated process, but with proper planning and a clear understanding of the rules and regulations, it can be managed effectively. Here are some tips to avoid common mistakes:
• Pre-planning: Before you begin your project, make sure you understand all regulatory requirements. This includes obtaining all necessary permits and complying with all local building codes.
• Choice of professional: Choosing the right professional can make a huge difference in the success of your project. Be sure to choose a contractor or architect who has experience building swimming pools and is familiar with local regulations.
• Communication with town hall: Keep open and regular communication with town hall throughout the process. This can help avoid misunderstandings or errors in the documentation.
• Meet deadlines: Make sure you meet all deadlines, especially those related to submitting permit applications and completing work.
• Insurance: Make sure you have the appropriate insurance coverage for your project. This may include liability insurance in case of accidents on the construction site.
• Maintenance: Once your pool is built, remember that it will require regular maintenance. Plan ahead for the costs and responsibilities associated with pool maintenance.
• In conclusion, building a swimming pool is rewarding, provided you understand and respect the regulations in force. With a good plan, the right team and following proper procedures, your pool can become a reality without any major problems.

Conclusion:

Although the information provided within these guidelines are compiled to assist, we would always recommend speaking to your Local Maries Office, to determine any specific local requirements that will be specifically applicable to your application.

In case of any doubt or questions, your local Maries Office / Planning services are there to help you. They can provide invaluable advice and information specific to your local area.

You should ask Local Marie’s Office or its website for information on how to send your file to it via the internet.