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Swimming pools

A new law will be coming into force in 2004 relating to swimming pools and obligatory security measures to prevent children from drowning. The new law applies to open-air swimming pools that are buried into the ground (those which are simply constructed on the surface are not implicated). From 1st January 2004, every swimming pool that is constructed will have to have a technical document specifying that the obligatory security measures (‘dispositif de sécurité normalisé’) have been complied with. This should be issued by the constructor or installer of the pool.

However, those who already have swimming pools falling within the ambit of the law must, by 1st January 2006, have obtained a document specifying that the required security measures have been put into place. If the property is the object of holiday rentals, this must be complied with prior to 1st January 2004.

The regulation specifying the exact nature of the compulsory security measures will be released shortly. However, it would seem that the security measures will consist of a barrier or fence around the entire pool of a height of 1 metre (taken from the report of the Commission for the safety of Consumers). The gate of the same should be child proof.  

The penalty in the case of non-compliance is a fine of 45,000 Euros.

It is thus recommended to those who will construct swimming pools in the future to ensure that the person responsible for construction of the pool is aware of the new provisions and issues the document confirming that the law has been complied with.

For those who already possess a pool, it is suggested that you contact a swimming pool specialist at some stage to ensure that your pool is in compliance with the law by the 2006 deadline. Those who rent out their homes on a seasonal basis should do this as soon as possible because their deadline will be the end of 2003.

17/01/2003 - Legal update

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