How to regularize an undeclared pool?

Updated on 26/09/2020

What are the risks of not declaring a swimming pool? What are the risks and fines of a swimming pool built without authorization? What is the limitation period for an undeclared pool? By the way, is it mandatory to declare his pool to taxes ?

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You are thinking about installing a swimming pool in your garden and you are asking yourself the question of declaring your pool to the town hall . Between the pool building permits and the request for prior declaration of work, one can quickly be lost in the administrative procedures related to the installation of a private pool.

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The risks of installing a private pool without authorization

The non-declaration building a new pool would allow individuals not to pay the increase in the property tax and the housing tax. While it is tempting to choose not to declare a new private pool , it is an idea to proscribe.

Private pools are subject to special taxation that depends on your locality. Not declare a pool is equated to fraud . In the event of proven fraud, you will be subject to tax adjustment and financial sanction.

The survey of swimming pools can be carried out in your municipality. Comparing with the cadastral plan, it is now possible to detect a private pool built without prior permission from the town hall. In 2017, more than 300 swimming pools were discovered in the city of Marmande thanks to the use of Google Maps. About 800 swimming pools installed in the municipality, only 500 swimming pools complied with the rules in force.

Unreported Pool Violations

Other than failure to report the pool or the completion of the pool construction work, there is another violation that must be avoided at all costs: failure to comply with the building permit.

The first offence is simply to voluntarily or unintentionally forget to request a prior declaration of work or building permits before undertaking the installation work of the private pool. Worse still, failure to comply with the local urban planning plan will result in immediate penalties all the more significant if your land is in a classified area or being classified.

If you have made the procedures with the town hall but that it has decided to refuse your request for work . In accordance with the refusal decision, you should not carry out your work despite this decision. If your pool building permit has been refused by the town hall, it is certainly for good reasons.

You will be wrong in the event that you do not respect the construction of the private pool in accordance with the information communicated to the town hall such as respect for the size of the pool . The elements contained in the building permit obtained by the Town Hall are authentic and in case of non-compliance you are exposed to penalties if the deception is discovered.

Fine of a pool that is not compliant with the regulations

A swimming pool that does not comply with local planning plans and regulations, built without a building permit or does not comply with the obtained building permit is a criminal offence according to the urban planning code . Like any offense, an illegally installed pool is subject to a financial penalty.

It is Article L480-4 of the Urban Planning Code that defines the fines applicable to work carried out without authorization. Swimming pools that do not comply with the PLU generates a “fine equal to 6,000 euros per m2 of constructed , demolished or rendered unusable area within the meaning of Article L. 430-2, or, in other cases, an amount of 300 000 euros. In the event of a recidivism, in addition to the fine so defined, a prison term of six months may be imposed.”

To see an undeclared pool , a report will be drawn up by a state official and then forwarded to the Public Prosecutor’s Office. The task of ordering the demolition or compliance of pool safety standards will be handed over to the Crown.

If you do not take into account the order and you continue your work against the court decision, you are liable to a fine of 75,000 euros and imprisonment for up to 3 months.

Period of requirements for swimming pools

A question often asked by individuals with an undeclared pool: what is the limitation period for a pool in violation? The limitation period for an undeclared pool is 6 years .

If the prescription of a pool without permission has long been set to 3 years. The prescription of an untaxed pool has increased to 6 years since February 28, 2017. This limitation period begins from the completion of the pool construction work and is retroactive.

What happens after his 6 years? The limitation period for the construction of the pool not in accordance with the PLU is expired, your criminal liability can no longer be incurred. However, your civil liability can still be prosecuted within 10 years. This means that in the event of an undeclared pool discovery, a report can be drawn up and the court may force you to demolish the pool purely and simply or bring it into compliance in the best scenarios.

Is it an obligation to declare your pool?

eyes of the tax administration, a private pool is considered an addiction In the , that is, a property that cannot be moved without demolishing it. As a result, your new pool will result in an increase in your property tax and housing tax as well as the payment of the pool development tax. The installation of a swimming pool also has the positive effect of increasing the value of your home when of the sale.

However, it is possible to install a swimming pool at home without the need to make a declaration of work or a building permit if it complies with swimming pool regulations.

Private pools without authorization not to declare

It is the very notion of the pool considered addiction that can be debated. Indeed, the pool is to be declared if you cannot move it without demolishing . Therefore, the so-called above-ground pools are not subject to the obligation to report to the Town Hall if and only if its walls are less than one meter and its inner surface does not exceed 20 m2.

If your pool has a pool area less than 10 m2, you have no obligation to declare it to your town hall.

The Regulation for private pools of less than 10 m2 is more flexible. No need for a building permit or permit, above ground pools with less than 10 m2 of pond are not subject to any constraints

Pool size not taxable: less than 10 m2

To the question: what is the type of pool to not pay tax? The answer is simple, the pool dimension to not pay tax is less than 10 m2 . In fact, small ponds can be installed freely without prior declaration or building permits.

For new pool constructions with a pool area less than 10 m2 , it will not be necessary to declare the pool or ask for permission from the town hall. However, if your land is in a protected or classified area, the request for authorization will be required before launching the installation site of the pool.

Swimming pools to be reported to taxes

However, for pools greater than 10 m2 and depending on the type of pool, you must declare the pool under penalty of financial penalty and a tax adjustment for non-declaration of the said pool.

To know the obligations of each pool, we invite you to read our article dealing with tax and taxation according to pool types.

In order to benefit from tax exemption on your pool and comply with the legislation of new construction in your property, a declaration of completion of work should be sent to the Public Finance Centre within 90 days of completion of the work.