Regulations for pool enclosures
Would you like to install a pool enclosure to enjoy your swimming pool even later in the season? An enclosure is the right solution to protect and secure your pool. Nevertheless, you should know that your installation is subject to town planning regulations and that certain standards must be respected. So, before launching a pool enclosure construction project, it is necessary to understand French regulations. Here is everything you need to know before starting work.
Town planning rules for the construction of the enclosure
In certain cases, the town planning code will require you to apply for authorisations when you install a new construction like a pool enclosure, garden shelter, veranda or garage.
When installing a pool enclosure, town planning rules will apply to your project and the works will vary according to the following criteria :
- The exact location of your pool enclosure, because some local planning rules only apply to certain municipalities or defined zones ;
- The height of the enclosure ;
- The extent of the building works: whether it is for the installation of an enclosure over an existing in-ground pool or the simultaneous construction of a pool enclosure and the pool.
If you install a new enclosure with building coverage under or equal to 10 m2 over an existing pool, no town planning authorisation is required. You can therefore launch the construction of your pool enclosure with no administrative procedures. If your project does not meet these criteria, you will certainly have to apply for town planning authorisation, such as a prior declaration of works or a building permit.
The prior declaration of works for a pool enclosure
When is it necessary to file a prior declaration of works ?
The prior declaration of works concerns many types of construction projects, such as the creation of a veranda, facade renovation or the construction of a garden shelter. This authorisation applies to installation projects for pool enclosures in the following cases :
- You wish to install a full-height enclosure over 1 m 80 over an existing swimming pool on your property which has a surface area less than or equal to 10 m2;
- You build a low-profile or mid-height enclosure that is less than or equal to 1 m 80 in height at the same time as an in-ground pool with building coverage between 10 m2 and 100 m2.
The procedure to obtain a declaration of works
This is the procedure to follow if the installation of your pool enclosure requires a prior declaration of works. You must fill in Cerfa application form No. 13703*07, which is available on line at the service-public.fr website or from your town hall. Supporting documents, such as the site plan, specific and general photographs and a graphical rendering of your project and section plans must be attached to your application. You can then submit the complete dossier to your town hall in person or via registered post.
The town hall must then reply with a period of one month. If you have not received an answer within this period, you can consider that the prior declaration of works has been accepted. If the town hall issues a negative reply, it must stipulate the reasons. It is obligatory to display the declaration of works near the site from the beginning of the works. This town planning authorisation is only valid for 3 years, but it can be renewed twice for a period of one year.
Pool enclosures and building permits
When is a building permit required?
Throughout France, it is necessary to obtain a building permit for the installation of a fixed or mobile pool cover in the following cases :
- The simultaneous construction of a swimming pool and a pool enclosure with a surface area over 100 m² ;
- The installation of a full-height enclosure over 1 m 80 over a pool with a surface area between 10 and 100 m².
How to apply for a building permit .
As for the prior declaration of works, you must apply for a building permit at the town hall of your municipality. You must first fill in Cerfa form No. 13406*04, which you can obtain on line or from the town planning department of your town hall. For a complete dossier, several supporting documents are required in order to provide more ample details concerning your project, such as a site plan, layout drawing of the new construction, or several photographs of your land and house.
The town hall has 3 months in which to respond from the date you file your application. If no reply is received within this period, there is tacit acceptance. In general, the average period to obtain a reply for this type of application is 2 months. If you receive a refusal to grant a building permit for the installation of your pool enclosure, you can file a claim by registered post with acknowledgement of receipt. If the reply is positive, your building permit will be valid for 3 years. Like other town planning authorisations, the building permit must be displayed on a sign that is visible from the public road and placed next to the construction works during the entire period of the works.
Compliance with local regulations
There is a national urban planning code that applies throughout France, but there are also local regulations that only concern certain regions, and sometimes only apply to well-defined zones. These town planning rules can be found in the local town planning code (plan local d’urbanisme - PLU) and the land-use plan (plan d’occupation des sols - POS). These documents determine the allocation of land use and the regulations that apply to each plot at the municipal and inter-municipal level.
If you are located in an urban or protected zone, it is possible that the planning rules concerning prior declarations of works and building permits are more stringent. This is the case, for example, if your pool enclosure is to be installed on a plot near a historical monument or a listed site. To consult the PLU or POS that applies to your plot and house, you can consult the town planning department in the town hall of your municipality.
Good to know :
It is also important to declare the construction of a new pool enclosure to your tax office. Indeed, the installation of an enclosure may have consequences on the rental value of your property. This rental value is taken into account for the calculation of your local taxes, such as your council tax or property tax.
When and why request the agreement of the co-owners ?
If you live in a joint-ownership property, it is possible that other rules apply to your pool enclosure construction project. You should first consult the joint-ownership regulations to see the rules that apply to this type of project.
If your pool enclosure is to be installed on your private portion and does not affect the common portions, the harmony of the facade or the rights of other co-owners, you are normally free to complete your project with no particular authorisation.
Otherwise, you will have to submit your construction project for the approval of your co-owners during a general assembly. It is also possible that an administrative agreement is necessary if the construction of your pool enclosure requires town planning authorisation, such as a prior declaration of works or a building permit.
The regulations concerning the choice of the enclosure: standard NF P 90-309
When you choose your pool enclosure, you must be careful to purchase an approved product that complies with the NF P 90-309 standard. Indeed, it is obligatory to respect this standard for a totally legal installation. It was established in 2007 to prevent any risk of accidents or drowning. The NF P 90-309 standard applies to all pool enclosures, whether they be a light structure or a veranda. To obtain approval, a pool enclosure must respect the following criteria:
- Make swimming pool access impossible for children under the age of 5, with a sufficient height and an opening system placed out of reach or too complex to open without the help of the child's parents or an adult;
- Be totally free of danger and present no risk of injury to users by cutting, pinching or suffocation;
- Resist a maximum snow load of 45 kg per m2 and violent winds that can reach 100 km/h.
