Points Concerning The Prior Declaration of Work for your Swimming Pool

To enjoy and beautify your garden, are you planning to install or build a swimming pool?

Looking for swimming pool construction in Dubai? Inground pool, sheltered or above ground, several options are available to you. However, before jumping into the deep end, it is better to check whether a prior declaration of work is necessary. The latter mainly depends on the size of your pool.

Swimming pool construction

In which cases is the prior declaration compulsory for your swimming pool?

If you want to build an inground swimming pool with a pool area of ​​between 10 m² and 100 m², a prior declaration of work must be submitted to the town hall.

For an above-ground swimming pool, you are also concerned by the declaration of work if:

its surface area is greater than 20m²,

its height exceeds 1 meter,

it is located less than 3 meters from the limits of your land,

the installation is in place for more than 3 months per year

If the pool is semi-underground:

its height must not exceed 0.60 m from the ground.

The technical room must be less than 20 m² on the ground.

Do you want to add a pool enclosure to complete your construction? Up to 1.80 m in height, make a prior declaration of work!

In any case, check with the town hall of your municipality because there may be other specific rules related to the location of your home, such as the PLU, a classified site, the specifications of your subdivision, etc.

Also remember to find out about the rules and regulations in force:

The Local Urban Planning Plan of your municipality and the National Urban Planning Regulations. These are rules applicable to your land, such as easements, the distances to be respected in relation to property limits, road axes, etc.

Municipal decrees concerning swimming pools. These additional constraints may impose on you the color of the liner, the material to be used, etc.

If you live in a subdivision or in a condominium, they may include specifics regarding the construction of your swimming pool.

And above all, remember that you must declare your swimming pool for tax purposes within 3 months of the end of the work. This is for the simple reason that owning a swimming pool implies a new calculation of the amount of your taxes: the housing tax and the property tax will indeed be able to be revised upwards, not to mention the development tax that has come into force. in 2012.

The prior declaration of work is a bit of a tedious administrative process but less burdensome than obtaining a building permit. The documents to be provided are reduced and thus make it possible to make arrangements on your land easily.

Good to know

The work declaration or prior declaration concerns all development and construction work on land or a house. It is therefore not specific to the swimming pool and its outbuildings, but may be required and necessary under certain conditions.

In which cases is the building permit compulsory for a swimming pool

It is mandatory for in-ground swimming pools that meet the following criteria:

surface area greater than 100 m²,

swimming pool with shelter of more than 1.80 meters,

indoor swimming pool of more than 20 m²,

indoor swimming pool of more than 20 m²,

A building permit is required if your shelter project:

covers a swimming pool with an area greater than 20 m²,

is more than 1.80 meters high and covers a swimming pool with an area greater than 10 m².

Your technical room has an area greater than 20 m²? In this case, a building permit must also be submitted to the town hall.

Prior declaration of work, instructions for use

You must complete the Cerfa form n ° 13703 * 06, initially set up under n ° 13703 * 1 by the decree of February 10, 2011. It is available at the town hall and can be downloaded from the site www.service-public.fr. This form does not replace the Cerfa form n ° 13404–01 entitled “declaration prior to the realization of constructions, works, fittings and installations not subject to a permit, including or not demolition”. You have the option of completing one or the other: it is best to ask your town hall which of the two is most suitable for your situation!

Once your file has been completed, you must attach the following documents:

a site plan,

if you are building a shelter or a technical room: a construction plan with the ribs,

if you are building an in-ground swimming pool: a section plan specifying the location of the construction in relation to the profile of the land,

a diagram or photo of the land,

a photo of the environment,

a photo of the remote environment.

prior swimming pool declaration

Warning !

Each of its documents must be provided in triplicate (or more depending on the specifics of the instructor service of your municipality).

You must then send the packageable of your file by registered mail with acknowledgement of receipt or drop it off at the town hall of the town in which your work will be carried out. You will be issued with a receipt and a registration number. The receipt specifies the date from which, in the absence of a response, the work can be undertaken.

The town hall planning departments will then examine your file within one month. The town hall informs you of its decision — favorable or not — by registered letter with acknowledgment of receipt. If your request is denied? You can ask the town hall to review its position within 2 months of the notification of refusal.

You should know that without a formal written response from the town hall, you benefit from an implicit so-called “non-opposition” decision: you can then consider that the town hall is not opposed to your work project. But the non-opposition of the town hall does not mean that you can start the work right away. It is indeed necessary to make sure that no recourse has been taken against your project!

Because even if you have received the approval of the town hall for your project, it is always possible that a neighbor will oppose your future work. Indeed, “Third party rights” can be invoked if this neighbor considers that the construction of your swimming pool constitutes an abuse of rights or an abnormal disturbance of the neighborhood.

Your neighbors can exercise this right of recourse for two months from the posting of a regulatory sign on your property.

Good to know

It may happen that the one-month period for examining the prior declaration file is increased. In what condition? If you are carrying out work in a protected or classified site, the mayor will notify you, during the month following your request, that the examination of your file will take longer. Likewise, if there are documents missing from your file, its examination cannot begin until it is complete. You will also be notified before the expiration of the one-month deadline.

How much time do you have to complete your work?

Your prior declaration is valid for 2 years, that is to say that your swimming pool must be built within two years of notification or non-objection from the town hall. You have the option of stopping the work, but not for more than a year.

The request to extend the deadline must be made in 2 copies and must be sent by registered mail with acknowledgment of receipt or submitted to the town hall at least 2 months before the expiry of the validity period.

Within 3 months of the end of the work, you must submit a declaration of completion of the work to your town hall. This is the Cerfa form n ° 13408 * 04.

Again, you must complete the form in triplicate.

The town hall can check the conformity of the construction of the swimming pool with the description of the project during the following 3 months.

Also, consider the fact that an inground swimming pool requires a safety device to protect young children from drowning, and this as soon as the pool is filled.

In which cases is the declaration of work not necessary?

If you want to install an above-ground swimming pool, you do not have to fill out a work declaration. You are exempt from any administrative procedure if your pool meets the following characteristics:

the height of the walls is less than 1 meter,

its surface is less than 10 m²,

the distance from the property line is a minimum of 3 meters.

Swimming pool is not declared: watch out for controls!

Building a swimming pool incurs costs, declaring it incurs additional costs in terms of taxation … some are tempted to “omit” the declaration of their beautiful private swimming pool. Not only is the declaration of your swimming pool an obligation, but it can also cost you even more if you seek to defraud — up to 300,000 euros in fines, or even 6 months in prison for a repeat offense.

The different types of offenses and offenses:

if you have not complied with the elements described on the prior declaration of work,

if you have not made a prior request for work to your town hall,

if you are doing the work on your swimming pool when it has been refused to you.

According to article L 480–2 of the Town Planning Code, the mayor has the power to stop the work while waiting for the court to rule on your “fate” and he can seize the material present on the site. The court sanction may require you to demolish your pond and restore the soil to its original state.

You still wonder how the authorities can themselves know? To track down fraudulent pool owners, all means are good! These are often air checks with overflights of targeted perimeters or satellite checks. These methods are formidable in efficiency. As soon as the authorities notice from an aerial view that your garden is enriched with a pretty little blue square when no swimming pool has been declared there, they automatically transmit this information to the tax authorities. You will then be quickly contacted for a tax adjust me

For more information : https://rameez101.blogspot.com/2021/11/landscape-architecture-what-does-it.html