Regulations on outdoor swimming pools: 4 things to remember

Even though

, you can't do whatever you want in it.

The legislator has come to supervise

.

The regulations differ depending on whether you decide to build a swimming pool on your property or to install one.

Failure to do so could result in a fine or worse, demolition.

To discover

• True or false: fight against misconceptions about the garden

Regulation of in-ground swimming pools in the garden

The regulations for swimming pool construction are more or less stringent depending on what you want to do.

It is the size of the pool that moves the slider for permissions to be obtained in order to comply with the law.

A garden swimming pool of less than 10m2

Is your pool going to be less than 10m2?

You are in the most flexible situation in terms of legal regulation.

You do not need

dig or have your outdoor swimming pool dug.

A restriction nevertheless qualifies this freedom of construction.

If your garden is located in a protected area, such as a classified site, specific authorizations must be obtained before starting work on your swimming pool.

Contact your town hall, they will tell you what to do.

Please note

 : additional restrictions may be taken locally.

To find out about them, do not hesitate to read the Local Urban Planning Plan (PLU).

You can consult it in your town hall.

Read alsoSmaller, transformable, the swimming pool is reinvented

A garden swimming pool between 10 and 100m2

For garden swimming pools with a basin measuring between 10 and 100m2, the regulations are getting tougher since you will have to make a

(DP) before any construction.

The prior declaration of work is sent by registered letter with acknowledgment of receipt (LRAR) or deposited at the town hall, by the owner of the land.

It can also be done by one or more other authorized persons.

The site plan and the sectional plan of the land must be attached to the RFP.

The instruction period is 1 month.

The RFP allows the town hall to check that you comply with the town planning rules in force.

The silence of the Administration is equivalent to a decision of non-opposition.

You must display the prior declaration obtained on your property.

It must remain there for the duration of the construction of the swimming pool in your garden and be visible from the outside.

Good to know

 : the prior declaration of work is an authorization to carry out work.

It differs from the more restrictive building permit.

Read alsoThe demand for swimming pools soars in 2021

A garden swimming pool of more than 100m2

The regulations are getting tougher if you want to build a swimming pool of more than 100m2 in your garden.

In this case, you need a

.

The latter is an urban planning authorization issued by the town hall of the town where your project is located.

The building permit application is sent by registered letter with acknowledgment of receipt (LRAR) or filed at the town hall, by the owner of the land.

It can also be done by one or more other authorized persons.

Additional documents, which will be specified to you when you complete the appropriate form, must be attached to your request.

For the construction of an outdoor swimming pool, the instruction period is 3 months.

The building permit will be issued to you if your project respects the rules of land use, location, destination, nature, architecture, dimensions, sanitation of buildings and development of their surroundings.

The display of the building permit on the land is compulsory.

It must remain there for the duration of the work.

Good to know

 : you will not be able to start digging your swimming pool in your garden until the town hall has granted you your building permit.

Read alsoHedge: size, maintenance, regulations

Regulation of above-ground swimming pools installed in the garden

Unlike in-ground pools in the garden, above-ground pools are simply placed on the garden.

They can be inflatable, free-standing, tubular or in kit form.

For this type of pool, outdoor regulations differ depending on the installation time.

Above-ground swimming pools installed less than 3 months in the garden

Installation during the summer period, less than 3 months, is the least restrictive solution.

It is not necessary to submit a prior declaration and obtain an authorization to install it in your garden.

Unless the local urban plan or the municipal map impose specific restrictions.

To find out, you can ask the town planning department of your town hall.

Note

 : if you live in a protected area, the lack of authorization is only valid if your pool is installed for less than 15 days.

Above-ground swimming pools installed more than 3 months in the garden

The regulations become more complex for above-ground swimming pools installed for more than 3 months in the garden.

In this case, it is again necessary to distinguish according to the size of the pool:

• Pool of less than 10m2: no authorization is required to install an outdoor pool.

• Pool between 10 and 100m2: a prior declaration of work is mandatory.

• Pool of more than 100m2: a building permit is required.

Good to know

 : individuals who do not comply with existing regulations on the construction or installation of a swimming pool in their garden are liable to a fine, as well as to the demolition of the work undertaken illegally.

Read alsoWhat are you risking if you do not declare your swimming pool?

Garden pool and security

The prevention of the risk of drowning in individuals is taken very seriously by the public authorities.

Private in-ground outdoor pools are no exception to the rule, regardless of the size of the pool.

Each inground pool located in the garden must have at least one of the following equipment:

• A protective barrier.

• A sound alarm system.

• A security blanket.

• A veranda-type shelter which completely covers the basin.

Pools placed on the ground, inflatable or removable are not affected by this obligation.

Good to know

 : if your outdoor swimming pool is not equipped with a safety device, you risk a fine of € 45,000.

Read alsoFence and neighborhood: what does the law say?

Garden pool and local taxes

The construction or installation of a swimming pool has consequences on the local tax bill.

Any addition of construction leads to an increase in the rental value which serves as the basis for establishing the

and the

, even when the construction does not concern the main part of the dwelling.

A swimming pool, buried, semi-buried or above ground, is concerned if it cannot be moved without demolishing it.

It constitutes an element of built approval forming a dependency which must be taken into account for the establishment of the housing tax and the property tax.

, inflatable pools are not included in the establishment of these local taxes.

To notify the tax service, you must file a declaration no later than 90 days after the completion of the work (Cerfa form No. 6704) at the cadastre office of the tax service at the location of the property.

Concretely, it is the surface on the ground which counts for the establishment of the amount of the tax.

The larger the basin, the greater the amount of tax will be.

Good to know

 : in addition to property and housing taxes, you will be subject to

if your swimming pool is subject to planning permission (prior declaration or building permit).

The amount of tax due is calculated by the Departmental Directorate of Territories on the basis of the information indicated in the declaration made when filing the building permit or the prior declaration.

A tax notice is sent to the owner of the outdoor swimming pool within 6 months of the issuance of the requested planning permission.