As most of the replies above 100% common sense David and very helpful. I think I know what I'll be telling my mate!
Weigh up €500 quick bucks or the consequences of an accident - as Gordon says it's a no brainer
Hi, I would be grateful if you could let me have the source for the info on gites and salt pools, as I have a gite and plan on putting in a salt pool. Thanks
Before I retired I acted as an expert witness in several pool cases in the UK. My experience there was that the law needs to be complied with in FULL but apart from anything else I can tell you that really horrible accidents frequently occur in pools, causing death or permanent disability, and as soon as there is a pool people or children get excited and do very silly things. However the law makes the owner responsible. I am against the nanny state and elfnsafetee over enthusiasm but it's better to be safe than sorry, especially just for one week. It's not just pools either of course. Here in Brittany, especially in holiday periods, there are usually at least weekly accidents involving death or injury at sea. It's a pity you haven't got the sea nearby as geography can't be sued.
I agree with Tracy, however I do believe that this does not negate parental responsibility so, you would probably get the fine and criminal record and what ever else goes with it but, it is the parents responsibility as well.
see here this might be useful it looks at the law and the impractical and practical side of the law in discussion form, but clearly says that it is the occupants responsibility regarding use of safeguards.
http://lesvendredisintellos.com/2012/07/06/une-protection-inutile-l...
Wendy I was not referring just to the fencing cover situation. The rules about water quality etc are much more strict.For example salt pools are not OK for gites - it has to be chlorine. I could go on but there are many more rules.
Hi - you need to read the 100+ pages on HSE guideline for pools UK (reasonably the same guidelines as France) webpage regarding pool safety before going down the route you are thinking of. If you are renting for only 1 week it is still a rent and you are responsible. Even if you don't rent there are responsibilities as a pool owner to provide adequate safety for yourself, family and visitors. Happy reading!!!!!
Nick, my OH had a problem with the sale of a house because one of the safety features was faulty and therefore said to be uninsurable. OK, not about a holiday let but I would suspect it hints that the same more or less applies. But surely, if your security cover is not, in fact, secure then you are liable. If they force it open then they are liable for committing an offence, therefore your insurance is no longer the issue.
This is not correct. The laws WERE different in the beginning - they are the same now (I am talking about a private rental / gite etc - not a large hotel pool for example. Either an alarm, a fence with self shutting gate with child proof locks or hard cover is required.
Tell your house insurance company you are renting out, I've never paid more for this insurance as a rental than a normal house.
The law in France for pools that are attached to rented accommodation are very strict and totally different to the laws for private pools. It does not just refer to fencing. If anyone other than the owner or his family (or guests - non paying) use the pool it is almost the same as having a public baths and the same (or virtually so) rules and law apply.
The penalties for inadequate security are very sever - including a jail sentence or a massive fine.
A Pool alarm costs less than 800 euros.
This is the definition of a "no brainer"
All helpful stuff Paul and John and both comments backing up what common sense is telling me too.
Rented or not, the pool must still have one of the 3 complying safety items, alarm, cover or fence. I haven't read anything about making a cover lockable although that may create a bigger issue in an emergency. Sorry I can't be more help but I am a pool engineer and not a lawyer.
Having rented for a number of years to families with young children, with a pool protected by fence and alarm, I dont know how it can be anything but your responsibility. Law says must be protected. I wouldn't fancy having only a signed disclaimer as a defense in front of the french justice...
Have you thought about opening up the pool and adding a €200 AQUALARM or several depending on the pool size?
Good luck
I do a bit of holiday property contracting as a side job :-)
Thanks Tracy, put in that context, it’s very clear.
If the property is rented out, even for one week, it must adhere to the regs - end of!
Veronique, I agree. I’m actually asking the question on behalf of a friend who wants to rent his house out whilst he goes on holiday this year. ( I ain’t got a swimming pool). But he has and it doesn’t have any physical protection, nor an alarm, so I was trying to think what the position would be in the terms of a financial transaction.
I have a horrible feeling that you as the owner & renter-out would be liable no matter what they signed re not taking a cover off.
I am tending to come to that conclusion myself.
It’s all well and good saying: well that was the contract, but if something happens, then it’s not a contract we are speaking about but possibly a very dangerous accident.
If you mean the taking the cover off part then, yes, it can be.