Building a swimming pool in Belgium: do you need planning permission?

Antoine HORENBEEK

Contents

Do I need planning permission to build a swimming pool?

Regulations by region: what you need to know

What do you risk in the event of non-compliance?

Digging, installing, diving... What if the law catches up with you even before the first stroke? In Belgium, building a swimming pool in your garden is not always trivial: depending on its size, location or region, planning permission may be required.
Here's what you need to know to avoid costly regularization or administrative refusal.

Do I need planning permission to build a swimming pool?

In many cases, yes. The need for a permit depends mainly on three criteria:

Pool surface area(permits are often required for pools larger than 75 m²)
Visibility from a public thoroughfare or neighbouring area
Type of pool (in-ground, semi-in-ground, inflatable, covered...)

Remember: A visible, long-lasting or imposing pool = high risk of having to apply for a permit.

Cases where a permit is generally required

Surface area over 75 or 80 m² (depending on region)
Permanent installation (in-ground or semi-in-ground pool)
Building visible from the street
Modification of relief or soil
Addition of a shed or adjoining terrace

Frequent exemptions

Inflatable or demountable pool used for less than 3 months
Pond less than 20 m², located in a private area and not visible from the outside
Height under 1.5 m (including equipment)

Thresholds vary from region to region. Always check with your local council.

Regulations by region: what you need to know

Walloon Region

In Wallonia, planning permission is required for any swimming pool with a surface area exceeding 75 m². The construction must also respect a minimum distance of one meter from property boundaries.

Small inflatable or non-fixed pools are generally exempt from permits.

For smaller projects, a simple prior declaration may sometimes suffice.

Permits required for pools over 75 m².
Minimum distance of 1 metre from property lines
No permit required for small, non-fixed inflatable pools
A prior declaration may suffice under certain thresholds

Antoine HORENBEEK

Brussels-Capital Region

In the Brussels-Capital Region, permits are generally required, even for swimming pools built on private land. The services of an architect are sometimes required, particularly when the pool is accompanied by a terrace or shelter.

The local authority sets a precise deadline for processing the application. Dismountable and temporary swimming pools may qualify for an exemption, subject to certain conditions.

Permits often required, even on private land
Architect sometimes required (especially with terrace or shelter)
Processing time defined by local administration
Temporary demountable pools may be exempted

Flemish Region

In Flanders, swimming pools of less than 80 m² located at least one meter from plot boundaries may be built without a permit, subject to certain conditions. The pool must be located in the "courtyard and garden" zone.

On the other hand, any covered or in-ground pool almost always requires a specific administrative procedure.

Exemption possible up to 80 m² if distance ≥ 1 m from boundaries
Obligation to remain in the "courtyard and garden" area
Covered or in-ground pools almost always require a special approach.

Tip: each commune may have its own specific rules. Local verification is essential.

On a related subject: Pergolas: do you need planning permission?

What do you risk in the event of non-compliance?

Building a swimming pool without the required permit can have a number of serious consequences. You could face administrative fines, some of them substantial.

The authorities can also require you to bring your pool into compliance, or even demand its complete demolition if the project is deemed illegal.

Finally, an unregulated swimming pool can block the sale or rental of your property, complicating any real estate transaction.

Building a pool without the required permit can lead to :

Administrative fines
An obligation to comply or demolish
Blocking the sale or rental of a property

On a related subject: Do I need a permit to install a garden greenhouse?

FAQ

Do I need a permit for a freestanding pool?

Not if it's temporary, small and invisible from the street. But it's best to consult your local council.

Do I need an architect?

Only if the pool is accompanied by a structure (terrace, fixed cover, equipment room) or if expressly required by the municipality.

How long does it take to obtain a permit?

Generally between 30 and 90 days, depending on the region and the complexity of the case.

How do I know if I'm in a sensitive area?

Your local authority can tell you. This is often the case near riverbanks, forests or listed sites.

Author : CORNIL Olivier

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