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Renting your swimming pool during the summer: what does the law say?

2022-05-27T05:13:05.647Z


The heat is already well established in France and your pool is ready to welcome its first swimmers. Do you have to follow certain rules to rent your swimming pool during the summer in Lyon, Paris, Marseille and everywhere in France? Our answers.


Renting

a private swimming pool

is an excellent idea to make ends meet or to help finance its maintenance.

This practice has been on the rise since the Covid-19 crisis.

To discover

  • True or false: fight misconceptions about the garden

Regulations: can you rent your swimming pool?

It is perfectly

authorized

to rent a swimming pool to private individuals.

Without the need to collect specific authorizations.

The rental can target above-ground or in-ground swimming pools, but also jacuzzis.

The rental can concern an indoor swimming pool or an outdoor swimming pool.

The regulations on outdoor swimming pools must imperatively be respected in order to prevent any risk of drowning.

As soon as the private swimming pool is buried and not closed, it must be equipped with a safety device.

It can be either:

  • a swimming pool enclosure according to standard NF P90-309;

  • a protective barrier according to standard NF P90-306;

  • a safety cover according to standard NF P90-308;

  • a swimming pool alarm according to standard NF P90-307.

Individuals who do not comply with this legal obligation, whether or not they rent their swimming pool, are liable to a fine of 45,000 euros.

Swimming pools placed on the ground, inflatable or removable are not affected by the installation of one of the devices mentioned above.

The same is true for indoor pools.

To note

If you haven't installed safety devices around your pool, no insurance can protect you.

Read alsoThe health crisis explodes the rental of swimming pools between individuals

Does a rental contract have to be drawn up to rent a swimming pool?

For any swimming pool rental, it is necessary to conclude a contract.

This is a rental contract, called a

civil lease

(article L1713 et seq. of the Civil Code)

.

It is intended for contracting parties who do not want to commit to the long term.

It is therefore ideal for pool rental by the hour, half-day or full day.

Read alsoSmaller, convertible, the pool is reinventing itself

This rental agreement offers great contractual freedom.

The parties may freely set the duration of the rental of the private swimming pool, as well as the price.

They may also provide for a security deposit, or other obligations, subject to not inserting abusive clauses.

Swimming pool subletting is only possible if the owner of the property has expressly consented to it in the initial rental contract.

To note

The platforms for linking a private pool rental company and a rental bather automatically generate rental contracts.

Taxation: is the pool rental taxable?

All income from the rental of accommodation furnished in the traditional way or

via

a collaborative platform is taxable and must be declared to the Tax Administration.

This principle concerns the rental of a private swimming pool.

There is only one exception.

There is no need to declare income not exceeding 760 euros per year for the rental of the swimming pool of the main residence.

Earnings received must be reported on Form No. 2042 C Pro, line 5NP of the Non-Professional Industrial and Commercial Income section of the income tax return.

Read alsoThe French tax authorities will track down undeclared swimming pools with the help of Google

Do you have to take out insurance to rent your swimming pool in the summer?

The outdoor swimming pool is not automatically covered by the home insurance of the accommodation.

It is necessary to include it when subscribing to an extended warranty.

For this, the owner must take steps with his insurer.

The insurer must be informed that your property contains a swimming pool.

reichdernatur / stock.adobe.com

The home insurance contract contains civil liability cover.

In the event of bodily injury, it covers the compensation of the victims.

Depending on the formula chosen, home insurance can also cover material damage, breakage and damage to the swimming pool.

Special insurance to rent a swimming pool in the summer is therefore not required.

On the other hand, it is advisable to inform your insurer of its existence as soon as it is built, and to include it in the home insurance, before offering it for rental.

Read alsoHome insurance: cover your garden and swimming pool

To note

Websites linking swimming pool owners and renting bathers automatically include insurance with each rental.

How to rent your private pool?

To rent a swimming pool in the summer, two options are possible.

One being perhaps less tedious than the other.

  • Rent your swimming pool via

    a linking platform

It is possible to go through websites specializing in pool rental between individuals to rent a swimming pool in the summer, or at any other time of the year.

Platforms such as Swimmy, We Peps or Louer un Piscine are responsible for connecting pool owners and tenant bathers.

They make it possible to give visibility to the pool and to find a tenant more quickly.

Read also“Swimmy is the French Airbnb of the swimming pool”

This requires writing an ad that must include several pieces of information:

  • the rental price;

  • the number of possible bathers;

  • a pool availability calendar;

  • pictures ;

  • any other information highlighting the property.

As soon as a tenant shows up, the website takes care of generating a rental contract and collecting the payment for the rental before returning it to the owner.

  • Rent your swimming pool

An owner can take care of renting his swimming pool alone.

To do this, he must write an ad and then take care of publishing it on any medium (social network, online classifieds site, etc.).

As soon as the tenant is found, he must draw up a rental contract and collect payment.

At what price to rent a swimming pool?

The pool rental price is free.

It can be set by the hour, day or half-day.

The more equipment available, such as a shower, deckchairs or games for children, the higher the rates.

Read alsoSwimming in the river or pond: what does the law say?

The price may also be higher depending on the location of the pool and the game of supply and demand.

To note

The matchmaking platforms take a commission on each rental contract concluded.

Source: lefigaro

All news articles on 2022-05-27

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