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pool permission


pudduck

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Hello

To cut a long story short, the piscine man dug a hole for our pool without declaration de travaux.Work was stopped by the maire.We have made our peace with the maire but the land is not constructible.We have paid for the order,the hole and the maconnerie.Now we would like our money back.We have sent a letter to the pisciniste ending the agreement etc but have heard nothing.Can anyone advise as to what we do next.We used a solicitor when we bought our house and he checked the use of the land.We even have a piece of paper signed by DDE and the former maire saying the land was UC.When we saw DDE the last time, she had a copy of the paper but just shrugged her shoulders as she had not signed it.If we wait a couple of years the land usage might change.This is why we would like our money back.Please can anyone advise us. P.

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In your contract with the Pisciniste who was responsible for submitting the Declaration de Travaux? this is likely to have some bearing on the matter.

unless the pisciniste has been in some way negligent he will presumably expect to be paid for the work done , and an element of lost profit.

That apart assuming that the pool is in the garden to an existing property , then presumably the land was constructible otherwise your house itself would be illegal. Is it more a matter of densities or other technicalities, ancient monuments etc etc, rather than simple constructability. Is it not feasible to modify the plans to fit in with the planning requirements.

 

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When we had our pool installed the pool installer said that we did not need a declaration de travaux, as our pool would be classed as portable, as the poolsides were metal panels below ground ( which could in theroy be dug out again if we so wished). We went and had a word with the mayor who said that they would be no problem with the declaration de travaux and to go ahead as the pool installer had suggested and put in our application. However before we signed anything as the pool installer wanted to get started on the job we got written confirmation from him that that if permission was not grated then he would not be paid for any work carried out.
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Surely it's more to do with proximity to church, historic monument etc?  Are there other houses near you with pools already which have set a precedent?  We did not know about the Dec de Travaux until our neighbour, who is also the Maire's secretary, told us.  Work had already started!  We had asked the notaire and immobilier who said there would be no problem.  I filled in form then was told I had to do plan too which was submitted to planning office.  Then I had letter from the planning office saying time had expired nd they had not received the plan.  I went to planning office who were very helpful and said the Mairie hadn't forwarded them the papers and I just had to do another one which I did.  Then the official document arrived more or less as the pol was completed.  It all sounds very strange and there must be more to this than just a rejection merely because it is a pool.
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There does seem to be more to this than meets the eye. We have had confirmation that we can go ahead with a pool even though we are near an old church/ castle. The maire lives in the castle and has a pool himself! Where are you? If you have to give up we might be interested in buying the maconnerie from you. Pat.
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The land behind our house is on village plan as NC, non constructible and only to be used for agriculture.The maire thinks this is silly and so does DDE BUT the rules say no pools.The piscinist was asked 3TIMES by us about declaration de trav.PAS PROBLEM was his reply and he obtained the forms which we signed and which he did not take to the maire. He dug the hole for the pool but was stopped by the maire .Someone even took photos! We saw the maire on our return and explained what had happened.Since ,we have discovered that he has even done this to others including local French. We paid 15% for the order 20% for terrasement and 20% for the maconnerie and all we have is a hole-nothing else.All summer was spent by us at his instigation trying to find ways around this.He received our 15% last OCT2003 and the rest in March.We signed the devis for work to be completed by the end of June this year.His last attempt to get a pool built,a demontable within the hole,has failed.We went to DDE ourselves to discuss the problem and though she is sympathetic the rules say no pools not even a demontable above ground except a gonflable of a certain size.The hamlet plan is about to change but not until 2006.
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Hello again,

This is rest of the reply .Have done 2 parts because when I tried to post earlier it said out of time! We also thought that there was something behind this refusal.According to our builder there are some difficult people in our hamlet. In his village they would not put up with this as they are strong. We get on well with our neighbours and we speak in french whenever we can.However there are some longstanding inhabitants who do not like all the changes taking place. Ours is a holiday home which is used for at least 6mths of the year by us or by family and friends.Two to 3 other brit families have moved into hamlet and put up pools above ground without declaration de trav.The land is open so these remain on view through the winter.Perhaps we were the last straw especially as the hole was dug on a Sunday!The maire is new,still finding his feet.They got rid of the last one after a year as they did not like him!All agree that our money should be refunded and the hole filled in at no cost to us.What we would like to know is if we receive no respose to our letter what do we do next.

Pleased to hear that you all managed to get your pools.Is this site for holiday home owners or just for permanent residents in France? Hope the problem is clearer.

P

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I guess that if you already knew that there were likely to be problems, before you engaged the artisan, then you were jointly taking a gamble. He will, as a minimum,  be entitled to payment for whatever he has done so far. On the other hand if he lead you to believe that there was no need for permission then things might be different. However if things get nasty French courts are slow, and costly. Fingers crossed that the POS gets changed in your favor in the near future, and that you are not required to undo whatever has been done so far.
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