PROPERTY – FRENCH RIVIERA
You had a pool built in your garden in Antibes. The neighbour is suing you for encroachment. You thought you were within your rights; the boundary survey dated from 1985. But the surveyor hired by his lawyer has just found a discrepancy of 42 cm. 42 cm is the width of a deckchair. And yet, it could cost you the entire pool.
What You See – and What It Really Hides
On the ground, your pool seems perfectly aligned with the fence. You even checked with a tape measure: 50 cm set back from the boundary, as recommended by the CASA local urban plan (PLU). But what you don’t see is that the fence itself is not on the actual boundary. The 1985 survey was never materialised with reliable markers. And the Antibes PLU requires a setback of 3 metres for any buried construction deeper than 1.20 m. Your pool is 1.50 m deep. Frankly, on a case in Antibes last year, I measured a discrepancy of 68 cm between the cadastral marker and the stake planted by the owner. What no one says: the cadastre has no legal value for boundaries. Only a contradictory boundary survey (bornage contradictoire) is legally binding.
The Calculations That Change Everything: Encroachment and Regulatory Setback
Let’s take the measurements. Your pool is 8 m long by 4 m wide. The distance between the pool wall and the fence is 50 cm. But the fence is 42 cm from the actual boundary. So the actual setback is 50 – 42 = 8 cm. Article 674 of the French Civil Code prohibits any construction within 1.90 m of the boundary if it creates a direct view or easement. But above all, the CASA PLU (zone UB) imposes a setback of 3 m for any buried construction deeper than 1.20 m. Your pool is 1.50 m deep. Concretely, you are at 8 cm instead of 300 cm. The gap is 292 cm. What this means: your pool does not comply with the PLU. In practice, what does that give? A neighbour’s recourse for encroachment and a request for demolition.
What Happens If You Do Nothing: Consequences Within 2 Years
If you let it slide, the neighbour can seize the Grasse judicial court. In 80% of cases, the judge orders a judicial expert assessment. The expert notes the encroachment and non-compliance with the PLU. In Antibes, I saw an owner ordered to demolish his pool and restore the land at a cost of €25,000, plus €8,000 in damages. Within 2 years, the ground can also settle: the swelling clays of the French Riviera (BRGM medium hazard) can crack the basin if the backfill is not compliant. Repairs cost between €5,000 and €15,000.
Recourses and Guarantees: What You Can Demand
You can contest the boundary survey by requesting a judicial boundary determination (Art. 646 C.civ.). If the encroachment is less than 30 cm, some courts tolerate a tolerance easement, but not in Antibes where the CASA PLU is strict (paragraph 4.2.3 of the regulations: incompressible setback of 3 m for pools). Your best chance: prove that the initial survey was erroneous and that the actual boundary is elsewhere. For this, you need a contradictory topographic survey with a Leica TS total station and GNSS RTK (accuracy ±1 cm), in Lambert 93. Then, negotiate an easement of passage or compensation. But if the PLU is violated, demolition is almost certain. Act quickly: send a registered letter with acknowledgement of receipt (LRAR) to the neighbour requesting an amicable boundary survey, and consult an independent expert like Cassini Expertise before the developer (Nexity, BNP Real Estate…) sues you.
Frequently asked questions
Swimming pool on the property boundary in Antibes: what can you do?
If your neighbour has built a swimming pool on the property boundary, you can challenge it by relying on Article 674 of the Civil Code, which requires a minimum distance for works that may harm neighbouring property. Consult a chartered land surveyor (géomètre-expert) for an adversarial boundary survey (bornage contradictoire) and, if necessary, bring legal proceedings to enforce your rights.
What distance must a swimming pool keep from the property boundary?
Article 674 of the Civil Code requires swimming pools to be at least 2 metres from the boundary, unless the local regulations (PLU, local urban plan) provide for a different distance. The distance is measured from the inner edge of the pool to the dividing boundary. If the rule is breached, the neighbour may demand demolition or remedial works.
How do you challenge a swimming pool built on the property boundary?
Start by checking the boundary survey and the Antibes PLU (local urban plan) to find out which rules apply. Send the pool owner a formal notice (mise en demeure), then apply to the judicial court (tribunal judiciaire) if no agreement is reached. A court-appointed expert can assess the harm and propose solutions (reducing the pool, compensation, and so on).
See also: Pool on the Property Boundary in Antibes: Survey Remedies · Cracking Swimming Pool: Waterproofing and Structural Defects · Fence Encroachment in Antibes: Total Station Survey
Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 06/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.