Administrative formalities for swimming pool construction

Creating a swimming pool project involves rather attractive steps: choosing the style, colors, materials, surface area, surrounding landscaping… but also other less pleasant elements, such as the administrative procedures to be completed before starting work. It is essential not to downplay the importance of this phase, which will influence not only the execution deadlines but also potentially the location and type of pool you decide to build.

Administrative procedures and formalities to consider

Only pools smaller than 10m² do not require specific formalities. For larger surface areas and depending on the type of pool planned, as well as its dimensions and characteristics, various procedures must be completed several months in advance. It is therefore preferable to integrate them into the project schedule to avoid delays. Once your pool is installed, you can finally enjoy it, but keep in mind that other formalities remain to be completed after the work is finished!

Declaration of work

If the surface area of your pool is between 11m² and 100 m², you must make a simple declaration of work using cerfa form n°13703*02. You will also need to provide a site plan of the land indicating the location of the pool, as well as a cross-section plan of the land and the construction. In general, processing the request takes about 2 months.

Building permit

On the other hand, if your pool project exceeds 100m² or if you plan to build an indoor pool, you will need to apply for a building permit at your local town hall. To do this, you will need to put together a file including a correctly filled out cerfa form n°13406*03 (cadastral information, planned pool surface area, etc.) as well as a dimensioned site plan indicating where the pool will be located. Generally, it must be located at least 3 meters from the property boundary, but it is advisable to check with the town hall in case of a specific situation to know the rules stipulated by the PLU (local urban plan). Photos, a plan locating the land, and a cross-section plan of the land and construction will often be requested as well. The timeframe for obtaining the building permit is approximately 3 months.

It is possible that your municipality imposes certain restrictions. The local urban plan may define specific rules if your property is located in a historical or protected area. In this case, certain constraints could be imposed on you, and the review of your file for approval could take several months. Also, pay attention to rules regarding construction in the case of a co-ownership.

Insurance

After the completion of your pool, you must also inform your home insurance company in order to modify or update your civil liability insurance, to be covered for any damage caused by your pool.

Decennial liability insurance

When signing the contract with your pool builder, it is essential to verify that they hold insurance compliant with Article L241-1 of the Insurance Code, particularly regarding the decennial guarantee. This means their liability is engaged for a period of 10 years in the event of defects such as sealing issues, cracks, anomalies in the filtration system, or any other problem that could disrupt the optimal use of the pool. In such cases, the company must intervene and cover the costs of the necessary repairs.

Mention of the decennial guarantee must appear on the quotes and contracts you receive, and you can request an insurance certificate to verify its validity date and confirm that pool construction is indeed included in your professional’s decennial insurance. Furthermore, be aware that this insurance protects you even if the company were to declare bankruptcy within 10 years following the completion of the work.

### Taxation

Once the construction of your pool is completed, you are required to declare it to the tax authorities within 90 days and pay, in accordance with legislation, the increase in your housing tax, as a pool is considered, according to Article 1407 of the General Tax Code, an outbuilding of your residence.

If the construction of your pool required a masonry frame, it will be subject to property tax. You will, however, have the possibility to benefit from a temporary exemption during the first two years. To do this, you must submit a declaration using form 6704 IL to your property tax office within 90 days of the completion of the work.

Since March 2012, a development tax is also due for any pool with a surface area greater than 10 m² or which has been the subject of a building permit application. Its amount, established by your municipality and your department, is paid only once, during construction.

### What timelines should be expected?

All these procedures have an impact on the planning of your work, especially if you are considering a large in-ground pool! In this case, allow approximately 2 to 4 months to obtain the necessary authorizations and permits, to which must be added construction times that can also last several months in the event of unfavorable weather conditions, not forgetting the time required for finishing touches and additional landscaping. It is therefore wise to organize yourself as early as 8 or 9 months in advance for the construction of your pool!