Formalities for the installation of a pool enclosure: a practical guide
Do you want to install a pool enclosure over your pool? It's a fine project with many advantages. However, among the building permits, the prior declaration of works, and so on, it can be difficult to find your way among the various administrative formalities for the installation of this type of equipment. To learn everything you need to know about the regulations to respect and the procedure to follow, here is a full guide to help you successfully complete your new pool enclosure project.
Pool enclosures: cases when no formalities are required
It is possible that the installation of your pool enclosure does not require any specific declaration or procedure. It is possible to cover and protect your pool without a prior declaration of works or a building permit in the following cases:
- the pool enclosure modules can be disassembled, and it is used no more than 3 months per year to protect the swimming pool;
- the pool and pool enclosure are built at the same time, the surface area of the pool is less than 10 m², and it concerns a low-profile or mid-height enclosure that is less than 1 m 80 in height;
- for the installation of a low-profile or mid-height pool enclosure under 1 m 80 over an existing pool and has a floor area below 100 m².
Pool enclosure: when to file a prior declaration of works?
A prior declaration of works is a town planning authorisation issued by the town hall. It applies to certain works that are not concerned by building permits, e.g.: an extension to a house, a new construction like a garden shelter, the modification of the use of a building, or the installation of equipment that modifies the exterior aspect of a house. It is therefore necessary to make a prior declaration of works in several cases for the installation of a pool enclosure:
- The pool already exists and has a surface area of less than 10 m2 with the installation of a full-height enclosure over 1 m 80;
- you simultaneously build an in-ground pool with a floor area between 10 m2 and 100 m2 and a low-profile or mid-height enclosure of less than 1 m 80.
Prior declaration of works: what are the administrative procedures to follow?
If your project falls under one of these categories, you will have to file a prior declaration of works with the town hall of your municipality. To do so, you can directly download online Cerfa form No. 13703*07. Once you have filled it in, send it by registered post or hand it in to the town planning department. Supporting documents must be attached, such as the site plan of your property. The town hall has one month to reply from the date you file your application. If you receive a negative reply, the refusal must specify the reasons. You must then display this town planning authorisation on your property during the entire duration of the works. A prior declaration of works is valid for 3 years.
The building permit for full-height pool enclosures
Pool enclosures requiring a building permit
When installing a full-height pool enclosure, you must apply to your town hall for a building permit in several cases:
- the surface area of the existing pool has building coverage between 10 m2 and 100 m2, and the fixed or mobile full-height pool enclosure measures over 1 m 80;
- the pool enclosure is created at the same time as an in-ground pool.
How do you go about applying for a pool enclosure building permit?
Applying for a building permit is a more demanding procedure than for a prior declaration of works. First, you must fill in Cerfa form No. 13406*04 to apply for this town planning authorisation. You will then have to provide supporting documents, such as the site plan, construction layout drawing or photos of the plot. The town hall of your municipality then has 3 months in which to reply. In general, it takes 2 months to obtain a building permit for the installation of a pool enclosure. If the reply is negative, it is possible to file a claim by registered post with acknowledgement of receipt. A failure to reply is considered as tacit acceptance. The validity period for a building permit is 3 years. Like for a prior declaration of works, it is necessary to clearly display the building permit at the front of the worksite until completion of the works.
The particularities of the regulations for each municipality concerning the construction of pool enclosures
Each municipality is free to apply its own town planning regulations. The town planning code (PLU) may stipulate very specific restrictions. It is therefore essential to consult the town planning department at the town hall of your municipality to inform yourself of the administrative formalities that apply to your specific property. For example, you may not be able to build a pool enclosure on your property if it is visible from the street or if the model of enclosure you choose does not correspond to the architectural heritage of the town. Regulations may also be different if you live in an urban zone.
Pool enclosures: the particularities for listed zones
In France, there are specific regulations to protect the historical heritage or the environment of certain areas. If the land on which you intend to install a pool enclosure is located near a remarkable heritage site, historical monument, or in a site that is listed or in the process of being listed, you may have to, for example, obtain the agreement of Bâtiments de France to obtain a building permit. The period necessary to obtain the validation of a prior declaration of works or a building permit may also be longer than average. Agricultural and nature areas also have their own restrictions with respect to the construction of pools and pool enclosures. In every case, the local town planning code of your municipality prevails. Do not hesitate to consult this document on line or directly at your town hall in order to learn about all the specifics related to your property and to find out more about the criteria concerning building permits and the prior declaration of works.
Pool enclosure: is it necessary to request authorisation from the co-owners?
If you live on a housing estate, your house and plot are probably in joint ownership. If this is your case, you must obtain the agreement of the joint owners before you launch certain types of works or apply for a building permit, even if the work site is on your private portion.
When is the agreement of co-owners not necessary?
If you want to undertake works on your private portion, you can do so without the approval of the general assembly of co-owners if your project meets all these conditions:
- It has no impact on the common portions, the walls of your pool enclosure must not, for example, be supported by a co-owned facade
- It does not affect the rights of other co-owners, i.e. it must not have an impact on the use of the common portions or on the real estate value of the co-owned property
- It does not affect the architectural harmony of the building. The construction of a pool enclosure does not generally respect these conditions.
To install an enclosure over your swimming pool, you must therefore in most cases submit the project to the vote of the co-owners.
Pool enclosures: the procedure to obtain the agreement of the co-owners
To obtain the agreement of the co-owners, you must submit your project to the general assembly of your co-owned property. To do so, you must first send your property managing agent a request to be included on the agenda of the general assembly. It is ideal to attach a full dossier with a description and plans of the installation and works so that the co-owners have all the elements in hand before they meet. Your project will then be placed on the agenda of the general assembly. You must win a majority vote to obtain the approval of the co-owners. The type of majority depends on the extent of the works and the co-owned property regulations. In certain cases, an absolute majority will be necessary, i.e. you must obtain the majority of the votes of all co-owners, whether they are present at the assembly or not. In other cases, double majority, which is obtained by winning two thirds of the votes, is necessary to validate the project. The property managing agent then records the decision taken by the co-owners in the minutes of the general assembly.
