# Shared Pool in Antibes: Boundary Survey and Encroachment – What to Do?

> Piscine mitoyenne à Antibes : litige de bornage, empiétement suspecté. Les démarches d'expertise pour faire valoir vos droits de propriétaire.

- URL : https://cassini-expertise.fr/en/shared-pool-antibes-boundary-encroachment/
- Langue : en-US
- Mis à jour : 2026-11-06
- Site : Cassini Expertise (https://cassini-expertise.fr/)

PROPERTY – FRENCH RIVIERA

You had a pool built in your garden in [Antibes](https://cassini-expertise.fr/antibes-secheresse-argile-fissures-donnees-officielles/). The neighbour accuses you of encroaching on their plot. You measured with a tape measure: 30 cm difference. But it’s not that simple. On a case in Antibes last year, I measured a discrepancy of 28 cm with a Leica TS16 total station, while the owner thought he was within 5 cm. The reality on the ground is often deceptive.

## What You See – and What It Really Hides

![shared pool antibes boundary encroachment - Cassini Expertise](https://cassini-expertise.fr/wp-content/uploads/2026/09/avant-achat-maison.webp)

*Cassini Expertise – independent building expertise*

The pool wall protrudes a few centimetres beyond the apparent boundary. You looked at the cadastral map on Géoportail (French online mapping service): the boundary seems straight. But the cadastre is not a survey document; its accuracy is of the order of one metre. In Antibes, properties are often narrow and sloping, which amplifies errors.

What no one tells you: the PLU CASA (Local Urban Plan of the Sophia Antipolis Agglomeration Community) requires a minimum setback of 3 metres from property boundaries for any construction, including in-ground pools. And Article 674 of the French Civil Code prohibits any direct view (window) within 1.90 m of the boundary. But often, the problem is not the view, it’s the footprint. A contradictory boundary survey (bornage contradictoire) by a licensed surveyor (géomètre-expert) is the only way to establish the legal boundary. Frankly, don’t trust your own measurement.

## The Calculations That Change Everything: The 3-Metre Rule

The PLU CASA (Sophia Antipolis Agglomeration Community) requires for in-ground pools a minimum setback of 3 metres from property boundaries (Article 8-1 of the regulations). If your pool is at 2.80 m, you are breaking the law. But that’s not all: Article 674 of the French Civil Code prohibits direct views within 1.90 m of the boundary. Concretely, if your pool coping is at 2 m, you are in violation.

Let’s take a real case: in Antibes, a 400 m² plot, an 8×4 m pool. The owner measured a setback of 2.90 m. With a GNSS RTK topographic survey (accuracy ±1 cm in planimetry), I found 2.72 m. The 18 cm discrepancy comes from the slope of the land (12%), which shifts the measurement point. The correction formula: horizontal distance = measured distance × cos(slope angle). With a slope of 6.8°, cos(6.8°) = 0.993, so 2.90 × 0.993 = 2.88 m. But in reality, the measurement point was poorly chosen: it should have been measured from the face of the wall, not from the edge of the coping. Result: 2.72 m, i.e., 28 cm less than the 3 m tolerance. Verdict: non-compliant.

## What Happens If You Do Nothing

The neighbour can take the case to the [Grasse](https://cassini-expertise.fr/grasse-secheresse-argile-fissures-donnees-officielles/) court to have the encroachment established. Generally, the judge orders the demolition of the encroaching part, or even the entire pool if it is indivisible. Cost: €15,000 to €30,000 for an 8×4 m pool. Not including expert fees (€3,000 to €5,000).

In the longer term, the encroachment can destabilise the neighbouring retaining wall, especially on the clay soils of Antibes (expansive clays, shrink-swell). Eurocode 7 (NF EN 1997-1) requires adapted foundations. If the pool is not compliant, it can crack under the effect of ground movements. Within 2 years, damage can reach €10,000 in repairs.

## Recourse and Guarantees: What You Can Demand

You have two levers: the builder’s [ten-year liability](https://www.service-public.gouv.fr/particuliers/vosdroits/F2034) (if the pool is less than 10 years old) and the boundary action. Article 674 of the French Civil Code (paragraph 2) specifies that direct views within 1.90 m are prohibited. The PLU CASA (Article 8-1) imposes the 3 m setback. Eurocode 7 (paragraph 2.4.2) requires a soil study for constructions in clay zones. Send a registered letter with acknowledgement of receipt to the builder, then take the case to the Grasse judicial court. A court-appointed expert (like me) will be named to measure contradictorily. In the meantime, do not modify anything: any transformation can be interpreted as an admission of encroachment.

## Frequently asked questions

### What is a boundary survey and why is it needed for a shared pool in Antibes?

A boundary survey determines the exact legal property lines. For a shared pool, it's essential to confirm the pool's location relative to boundaries, ensuring compliance with local regulations and preventing disputes.

### What should I do if my shared pool encroaches on a neighbour's property in Antibes?

If encroachment is found, consult a land surveyor and a lawyer versed in property law. Options include negotiating an easement, purchasing the affected land, or, in some cases, removing or modifying the pool.

### Can a shared pool be built without a boundary survey in Antibes?

While not always legally required, it's highly recommended. Without a survey, you risk building over property lines, leading to legal disputes, fines, or forced removal. Always get a survey before construction.

**See also:** [Pool on the Property Line in Antibes: Boundary Recourse](https://cassini-expertise.fr/en/pool-property-line-antibes-boundary-recourse-art-674/) · [Pool on the Property Boundary in Antibes: Survey Remedies](https://cassini-expertise.fr/en/pool-property-boundary-survey-antibes/) · [PLU Antibes Juan-les-Pins Zone UA: Setback from Road](https://cassini-expertise.fr/en/plu-antibes-juan-les-pins-zone-ua-setback-compliance/)

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Source : https://cassini-expertise.fr/en/shared-pool-antibes-boundary-encroachment/
