Planning Permission complications when buying a house in France

We have just made an offer to buy a house in south-west France. We have seen the registered plan, but this does not show the swimming pool. I have seen other property plans where pools are marked, so I am not sure if this is a problem. We understand that the pool was there when the sellers bought the house, and they say that they have not had any problems. Should we be worried?

When buying a property, it is of course prudent to carry out suitable due diligence, to ensure you are fully aware of any potential problems and any consequences that may arise. An inspection of the land registry plan and title documentation should help.

The installation of a swimming pool would usually require planning permission or, at the very least, a declaration of minor works. If you are unsure what level of planning consent is required for any form of development work you should speak to the Mairie, or to a planning expert.

When the local authority considers any application, they will look to the local planning rules and other issues to check whether any administrative provisions would render the request impossible. These local rules will include planning zones, which set out what is permissible and where. For example, if a property is situated in an agricultural zone, it is likely that any development will be particularly restricted. This may not necessarily mean that a pool would not be allowed, but it will be important to check.

Presuming a pool had been built in accordance with planning authorisation, one would expect to see it on the land registry plan. It may also be mentioned in the property description in the title deeds. So, if it is not marked, then you should really be asking why.

It could be that the pool was only installed recently, such that the land registry plans are yet to be updated; that would not appear to be the case here though. Similarly, the seller may have provided you with an old plan: the plans are available online, and it is important to obtain a recent version.

So if the pool does not appear on the plan, this may be because it was never authorised. That could constitute a planning breach, which can lead to various consequences, possibly even being ordered to fill in the pool.

Just because a pool was installed several years ago it does not automatically follow that it would no longer be possible for any sanctions to be imposed. While some penalties can be time-barred, some remain permanent.

Where there is an apparent breach, you could try to introduce a condition in the purchase contract under which the seller is obliged to seek retrospective consent. Inevitably, if there are lots of people looking to purchase, the seller may be reluctant to take on this obligation. Yet, in a buyer’s market, the seller might have little choice. Seeking retrospective consent is likely to slow the purchase process, although that is presumably worthwhile if it will ensure you would never be forced to fill in the pool.

The local authority might never look to enforce against a breach of planning rules, but it is surely worth ensuring all is in order before you buy. And just as with any other planning breach, if the property were to be seriously damaged, you might only be able to rebuild in accordance with such planning authorisation that did exist.

If you are in any doubt, you should seek expert advice.

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