Shared Boundary Pool in Antibes: Surveys and Encroachment — What to Do?

PROPERTY BOUNDARIES — CÔTE D’AZUR

You had a pool built in your garden in Antibes. Your neighbor accuses you of encroaching on their land. You measured with a tape measure: a 30 cm difference. But it’s not that simple. It’s not unusual to measure a 28 cm gap with a Leica TS16 total station, when the owner thought they were accurate to within 5 cm. The reality on the ground is often deceptive.

What you see — and what it’s really hiding

The pool wall extends a few centimeters past the apparent boundary line. You checked the cadastral map on Géoportail: the boundary looks straight. But the cadastre is not a surveying document — its accuracy is on the order of a meter. In Antibes, properties are often narrow and sloped, which amplifies the errors.

What no one tells you: the CASA local urban plan (PLU) requires a minimum 3-meter setback from boundary lines for any construction, including in-ground pools. And Article 674 of the French Civil Code prohibits any direct view within 1.90 m. But often, the problem isn’t the view — it’s the footprint on the ground. A contradictory boundary survey (bornage) with an urban planning expert is the only way to establish the legal boundary. Frankly, don’t rely on your own measurement.

The calculations that change everything: the 3-meter rule

The CASA local urban plan (Sophia Antipolis Agglomeration Community) requires a minimum 3-meter setback from boundary lines for in-ground pools (Article 8-1 of the regulations). If your pool is 2.80 m from the boundary, you’re in breach. But that’s not all: Article 674 of the Civil Code prohibits direct views within 1.90 m of the boundary. In practical terms, if your pool coping is 2 m from the line, you’re in violation.

Take a real case: in Antibes, a 400 m² plot, an 8×4 m pool. The owner measured a 2.90 m setback. Using GNSS RTK topographic survey equipment (±1 cm planimetric accuracy), 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 6.8° slope, cos(6.8°) = 0.993, giving 2.90 × 0.993 = 2.88 m. But in reality, the measurement point was wrong: it should have been taken from the face of the wall, not the edge of the coping. Result: 2.72 m, or 28 cm short of the 3 m requirement. Verdict: non-compliant.

What happens if you do nothing

Your neighbor can take the matter to the Grasse court to have the encroachment officially recorded. Generally, the judge orders demolition of the encroaching section — or even the entire pool if it can’t be separated. Cost: €15,000 to €30,000 for an 8×4 m pool, not counting expert fees (€3,000 to €5,000).

In the longer term, the encroachment can destabilize the neighboring retaining wall, especially given Antibes’ clay-heavy soils (shrink-swell clay). Eurocode 7 (NF EN 1997-1) requires foundations suited to these conditions. If the pool isn’t compliant, it can crack under ground movement. Within 2 years, the damage can reach €10,000 in repairs.

Remedies and guarantees: what you can demand

You have two levers: the builder’s ten-year structural warranty (if the pool is less than 10 years old) and a boundary survey action. Article 674 of the Civil Code (paragraph 2) states that direct views within 1.90 m are prohibited. The CASA local urban plan (Article 8-1) requires the 3 m setback. Eurocode 7 (section 2.4.2) requires a soil study for construction in clay-prone areas. Send a registered letter with acknowledgment of receipt to the builder, then take the matter to the Grasse judicial court. A court-appointed expert (such as myself) will be assigned to take joint measurements. In the meantime, don’t alter anything: any modification could be interpreted as an admission of the encroachment.

Legal angle: to understand your rights and remedies, see the case-law analysis by un avocat spécialisé on the irreversibility of a boundary once a bornage survey has been carried out.

📅 Updated on 11/08/2026 — By Cassini Expertise, independent building expert serving the 06 & 83 départements. Free quote: 04 22 46 06 04.

Frequently Asked Questions

Is a boundary survey mandatory for a shared boundary pool in Antibes?

Yes, before building a pool on a property line, a boundary survey (bornage) is strongly recommended to avoid any dispute. It precisely establishes the boundaries and ensures compliance with local planning rules.

What should I do if my neighbor is building a pool that encroaches on my land?

First, have the encroachment officially recorded by a licensed land surveyor. Then open discussions to reach an amicable agreement, and if no agreement is reached, take the matter to the judicial court to seek demolition or compensation.

What is the minimum distance required between a pool and the shared boundary in Antibes?

Antibes’ local urban plan generally requires a minimum distance of 3 meters for uncovered pools. Check your municipality’s local urban plan, as specific rules may apply depending on the zone.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).