# Building a swimming pool



## Bullfrog (May 14, 2014)

I would like to build a swimming pool, however I don't know what the laws are in relation to this. I live in Tolox which is in Malaga province. If any one could give me information in this regard I would be grateful .


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## VFR (Dec 23, 2009)

Bullfrog said:


> I would like to build a swimming pool, however I don't know what the laws are in relation to this. I live in Tolox which is in Malaga province. If any one could give me information in this regard I would be grateful .


Your first place to seek advice/permission is the local town hall.


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## Cazzy (Nov 23, 2008)

It is very difficult to get permission for a pool in Malaga province, even if you have your own well.


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## Bullfrog (May 14, 2014)

Thanks for the replies, yes I have heard it's difficult to get permission, I see a lot of Spanish built houses and all seem to have a pool, I wonder if these have been built without permission . I will approach the Town Hall and see what the outcome is.


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## VFR (Dec 23, 2009)

Bullfrog said:


> Thanks for the replies, yes I have heard it's difficult to get permission, I see a lot of Spanish built houses and all seem to have a pool, I wonder if these have been built without permission . I will approach the Town Hall and see what the outcome is.


Bear in mind that once you ask the question & get a "no" then you cannot go ahead. 

Fancy most never ask.


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## jojo (Sep 20, 2007)

playamonte said:


> Bear in mind that once you ask the question & get a "no" then you cannot go ahead.
> 
> Fancy most never ask.


 All well and good....... but they do send planes up to take aerial photographs every now and again !!!

Jo xxx


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## Bullfrog (May 14, 2014)

If I didn't ask permission and went ahead and built what could be the likely out come?


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## Pazcat (Mar 24, 2010)

Maybe it would be best to speak to a local architect who specialises in piscinas and even a local pool builder company before the town hall, a gestor even?
They undoubtedly would know the rules and maybe have a few contacts which could help.
Seeing as you would likely(I don't know, maybe you don't) need an architect as it's a major works that would be my first stop. Let them deal with the town hall.


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## Bullfrog (May 14, 2014)

Pazcat that sounds like good advice, I will seek out a pool company and as you suggest they should know the laws etc, sometimes you just can't see the wood for the trees.lol


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## xabiaxica (Jun 23, 2009)

Bullfrog said:


> If I didn't ask permission and went ahead and built what could be the likely out come?


worst case scenario - big fine & have to destroy swimming pool at your cost


best case scenario - big fine & increase in IBI


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## xabiaxica (Jun 23, 2009)

Bullfrog said:


> Pazcat that sounds like good advice, I will seek out a pool company and as you suggest they should know the laws etc, sometimes you just can't see the wood for the trees.lol


bear in mind that many/most pool companies will tell you anything you want to hear in order to sell you a swimming pool.........

the ONLY people who can give you definitive advice are those who work in the planning dept at the local ayuntamiento


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## Pazcat (Mar 24, 2010)

That is true but you may as well go in armed with a bit of info, worst case scenario is you find out how much it will cost, how long it will take and with any luck what the process is. All things I'd rather know before going into the ayuntamiento anyway and as regulations tend to change depending on which area you are in finding somebody local is a good start.

It might be worth checking out goolzoom too and see if any of your neighbours pools are legally registered.
Probably the easiest way of getting an idea of an answer before going anywhere. Not a definitive way of going about it but again, the more you know.

If you aren't familiar with the site it is like google maps, just zoom in on your location and from the menu on the left check the "Transparente" box under Catastro and it will bring up an overlay pattern.
If a pool is registered it will show an outline of it over the top, if no outline there is a good chance it hasn't been registered.

Out of interest why is it hard to get permission in Malaga province?


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## maxd (Mar 22, 2009)

Dual Temperature Swimspa

I am getting one of these from china for about 6k euro ( where they are made anyway) so a huge saving on eu prices.

I will be setting mine in the ground like this

http://www.hydropoolscotland.com/wp-content/uploads/2012/03/swim17fx-b.jpg

but you can put them above ground too http://swimspahottubs.com/wp-content/uploads/2013/11/Swim-SPA-SPA-8178-.jpg and as it is not fixed I doubt you would need planning permission above ground.

To be honest I forgot about permission ( this is for the Canary Islands) but I already asked for building permission for other stuff so it is a half truth. All my neigbours have built various stuff illegally and all have been fined but building houses are far more obvious than pools 

Another neigbour is building an annex now illegally. If you did build a pool it is true that they come and take arial photographs but IMO you could hide it with 2 or 3 shade sails

http://royalcovers.com/wp-content/themes/1shade_main.jpg 

BTW these swim spas are heated so you can use them all year and a lot of people prefer them according to an Australian forum I was reading http://forum.homeone.com.au/viewtopic.php?f=65&t=38357


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## maxd (Mar 22, 2009)

swimming pool vs outdoor spa another discussion here and you can see people who got pools really regret it sometimes.


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## Cazzy (Nov 23, 2008)

Pazcat said:


> That is true but you may as well go in armed with a bit of info, worst case scenario is you find out how much it will cost, how long it will take and with any luck what the process is. All things I'd rather know before going into the ayuntamiento anyway and as regulations tend to change depending on which area you are in finding somebody local is a good start.
> 
> It might be worth checking out goolzoom too and see if any of your neighbours pools are legally registered.
> Probably the easiest way of getting an idea of an answer before going anywhere. Not a definitive way of going about it but again, the more you know.
> ...


]

I don't know why it is difficult, we have been to the Town Hall for several clients to ask because it is important for them to know if they can have a pool before they commit to purchasing a house. Everytime the answer is NO! We advise our clients to buy a house that already has a pool if they require one. Sevilla and Cordoba province seem to be OK as long as everything is done as to the Town Hall's specifications.


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## thrax (Nov 13, 2008)

It is practically impossible these days to get a licence for a new pool in Malaga province due to the severe water shortages (no hosepipe ban though). I am not suggesting you go down this route but many people have around here and with success. People apparently apply to the town hall for a licence to build a water deposit which is nearly always granted. The design of the water deposit is a sunken deposit which may be round, oval, rectangular or even guitar shaped. It is built and guess what? They use their deposit as a swimming pool. Our Spanish neighbour went down this route for a cortijo he wanted to rent out for holiday lets.


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## Cazzy (Nov 23, 2008)

thrax said:


> It is practically impossible these days to get a licence for a new pool in Malaga province due to the severe water shortages (no hosepipe ban though). I am not suggesting you go down this route but many people have around here and with success. People apparently apply to the town hall for a licence to build a water deposit which is nearly always granted. The design of the water deposit is a sunken deposit which may be round, oval, rectangular or even guitar shaped. It is built and guess what? They use their deposit as a swimming pool. Our Spanish neighbour went down this route for a cortijo he wanted to rent out for holiday lets.



This is true, but only works if you have a lot of land that has trees etc on it.


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## snikpoh (Nov 19, 2007)

Cazzy said:


> This is true, but only works if you have a lot of land that has trees etc on it.


<curious> what have the trees got to do with it?

Sure you need land, but why trees?


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## VFR (Dec 23, 2009)

I have it on good authority that a demountable pool requires no permission (well here in Valencia)


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## jojo (Sep 20, 2007)

snikpoh said:


> <curious> what have the trees got to do with it?
> 
> Sure you need land, but why trees?


The trees hide it as a pool!!!

Jo xxx


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## Cazzy (Nov 23, 2008)

snikpoh said:


> <curious> what have the trees got to do with it?
> 
> Sure you need land, but why trees?


Sorry not necessarily trees but you need some sort of crop to need the water.


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## snikpoh (Nov 19, 2007)

Cazzy said:


> Sorry not necessarily trees but you need some sort of crop to need the water.


Ah, now I see what you meant. 

The deposito could be for household usage though - many of them are, especially in Malaga district.


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## jojo (Sep 20, 2007)

snikpoh said:


> Ah, now I see what you meant.
> 
> The deposito could be for household usage though - many of them are, especially in Malaga district.


From what I know, the Malaga district is quite aware of the differences between water deposits and pools - especially if you want a nice looking, "proper" pool and surround. If you want it to look like a water deposit, then it cant be pretty!

Jo xxx


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## gus-lopez (Jan 4, 2010)

playamonte said:


> I have it on good authority that a demountable pool requires no permission (well here in Valencia)


yes quite correct , same here. That's why it's no good looking on goolzoom, sig-pac,google earth, etc ; as unless you can tell the whether it is purpose built or an above ground ( that can also be legally in the ground ) you'll be none the wiser.


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