Do we need permission to install pond in garden at French home?
Several planning and environmental factors must be taken into account
The size of the pond will affect planning permission rules
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Reader Question: For several years we have wanted to install a pond in our garden. None of our neighbours have one and none of our friends know if it is possible. Maybe the rise in mosquito-borne diseases such as chikungunya means they are banned?
There are no rules specific to constructing a garden pond in France.
However, to be on the safe side it is widely recommended to stick to the rules set out for swimming pools or ‘closed bodies of water’ (eaux closes).
Keeping to these regulations will provide a framework for your plans.
When it comes to building permits, the rules for swimming pools are:
For those 10m² or less in size or less no authorisation is required unless you are in a protected area
For those that are 10m² to 100m², prior declaration is needed (déclaration préalable de travaux)
For any above this size, you will need a building permit (permis de construire)
If in any doubt, contact your mairie to check permit regulations.
You will also need to ensure the pond’s construction will not be affected by local planning rules (plan local d'urbanisme; PLU).
Rules regarding the implementation of safety features do not need to be followed providing the pond is not intended to be used for swimming in. If it is, then these must also be adhered to.
Insurance is not mandatory, but should be considered, either separate or in addition to your property’s main policy (which is unlikely to cover ponds, swimming pools etc, as standard).
This insurance should at minimum cover injuries or accidents involving third parties (falling into the pond, slipping on the pond’s edge, etc) but can also cover potential damage to the pond itself.
Environmental rules
Otherwise, you can declare the creation of a closed body of water to the mairie, under article R214-1 of France’s environmental code. This requires submitting a déclaration préalable de travaux.
If taking this approach there are several additional factors to consider, including:
If your pond is planned in woodlands, a clearing permit in accordance with the forestry code (Code forestier) will be needed
Clearances in protected woodland areas (espaces boisés classés) by the local PLU are prohibited
For earthworks exceeding two metres in depth, you need to obtain authorisation from the Direction départementale de l’équipement
If materials excavated when creating the pond will not be reused on site, a ‘quarrying’ permit from the DRIRE (Direction régionale de l’environnement, de l’aménagement et du logement) is needed
Again, the local PLU should be consulted as this may affect the placement of eaux closes, and you should check the land use plan (plan d'occupation des sols) as well.
Your mairie can advise.
Note that ponds cannot be built on property lines, and it is advisable to inform next-door neighbours in advance of the construction.
Consider animals, plants, and health risks
Depending on local rules, ponds may need to be situated a certain distance from inhabited properties (potentially up to 50 metres), and the pound should not be dug too close to other water sources such as springs, wells, water pipes or underground water storage areas.
With regard to risks of chikungunya, we have not identified specific rules against the building of ponds related to this, however local authorities in areas where tiger mosquitoes (known to spread this) have been identified, do often warn against risks of ‘stagnant water’ on properties as a possible breeding ground.
As a result, it may be advisable to see if you can design the pond such that the water will not hold standing, uncirculating water for long periods: can it include moving water, a filtration system, a cover etc? This may reduce the likelihood of the council objecting to it on these grounds.
When it comes to filling your pond with flora or fauna, you should also be considerate of your local environment and choose species that will thrive in the conditions.
General rules on exotic animals and invasive species will apply. Ideally, consult a professional gardener or pet store owner (expert in fish) to find out what will suit your pond.
