Building a swimming pool makes families happy but can also cause inconvenience. And not just tax. Because, for those who have forgotten, if your pool is more than 10 m², you must pay a development tax. Not to mention that it costs you more – 5 to 10% – in property tax. But another element can be just as embarrassing: its location. Denis and Marie found out the hard way. To please their grandchildren, this couple in their sixties decided to build a swimming pool in their residence. But one morning, they receive a letter from the town hall and look gloomy. “We will have to wait because our swimming pool will be located less than 500 meters from a church listed as a historic monument.“says the couple. What does the law say in this case?
Before answering, you should know that the location of the swimming pool must take into account the topography of the land – is it stable or not for example? – but also the characteristics of the place such as the vegetation but also the architecture of the surrounding buildings. And this is where the rub can hurt. Before building a swimming pool, check if there are any historical monuments nearby. Because, on this subject, the law is formal:Surroundings protection applies to any building, built or not, visible from the historic monument or visible at the same time as it and located less than 500 meters from it(article L621-30 of the Heritage Code). In other words, if your project is located less than 500 meters from a listed monument, it cannot be validated immediately.
In this case, as provided for by law (article R425-1 of the Town Planning Code), the French Buildings Architect (ABF) must give his consent. “The ABF ensures that the works do not harm the historic monument or its surroundings and also ensures respect for the public interest attached to heritage, architecture, the natural or urban landscape, the quality constructions and their harmonious integration into the surrounding environment“, explains the association. Therefore, the wait is likely to be very long (article R423-23 of the Town Planning Code).
Up to 8 months of procedures
The ABF has one month to give its answer if the construction of the swimming pool gave rise to a prior declaration (for swimming pools of less than 100 m²) – which is the case for Denis and Marie -, from 2 to 3 months for a building permit or 3 months for a development permit (for pools over 100 m²). To which is added a monthwhen the project is located within the perimeter of a remarkable heritage site or in the vicinity of historical monuments(Article R423-24 of the Town Planning Code). That is 2 months in the case of Denis and Marie. Note that if the ABF opposes the project, the swimming pool cannot be built but the owners can challenge this decision in court.
And it’s not over. If the town hall disputes the opinion issued by the Architect of Buildings of France, the law authorizes it to refer to the prefect (article R423-68 of the Town Planning Code). This lengthens the procedure by two additional months (article R423-35 of the Town Planning Code). Without a response from the administration during this period, the project is considered accepted. The owners must then post on the ground “a sign visible from the public road describing the project“, recalls the town hall. But they are not at the end of their sentences because, for 2 months, a third party (a neighbor for example) can contest the construction of the swimming pool. In short, building a swimming pool is far from being a long calm river. “If the ABF opposes the project, we will drop it“says the couple.