Surge in private swimming pool ‘squats’ in France

Millions of French homes and apartment complexes have swimming pools, allowing residents to cool off during the peak of the summer heat. 

The third heatwave of this summer is expected this weekend meaning many will take their pool. 

However, the rising temperatures mean pool owners face another issue – ‘squatters’ and trespassers who illegally use their swimming pool.

Alongside the obvious annoyance of people using your pool without invitation, there are serious potential consequences if someone is injured, even if they were trespassing and you were not there. 

Pool squatters target co-ownerships in south

The issue is more prevalent in the south, where higher temperatures and more swimming pools mean the desire – and opportunity – to ‘pool squat’ is greater. 

The perpetrators are often teenagers looking to cool down.

“I explain to them that if I see that things are getting out of hand, I will call the police. I don't take any risks,” said Sébastien, a residential security guard in Nice to media outlet BFMTV. 

“With everything that is going on right now you have to be careful. So I am very vigilant, because an attack can happen at any moment,” he added. 

There is sometimes confusion, particularly in complexes, about who has the right to use these pools, however residents are clear: they are not for just anyone. 

“This is private property, and we do not want to deal with [squatters]," said one resident at the Nice complex. 

“This is not a communal or municipal pool,” said another. 

While it is true that Article 226-4 of France’s criminal code states any intrusion onto private property can result in a three year prison sentence and fine of €45,000, this is rarely used against youngsters who pool squat.

Police powers at the time of the incident are limited, they can only intervene in a pool squatting case in a co-ownership if the intruders are breaking other rules or hindering the movements of residents or the security systems for the building. 

It can also be difficult to assess if the people are ‘intruding’.

Once they are in, either by sneaking in or being buzzed in by mistake, pool squatters can easily say someone in the block gave them permission to enter, which can be difficult to prove as false.

In the event of a pool invasion at a private home police can intervene much easier as it is more obvious the squatters entered illegally and without permission.

Further information can be found in our article here.

Debates over how to deal with the squatters – or whether they should be left alone – rage on social media. 

Some complexes, such as that where Sébastien works, now hire security guards to patrol and ward off squatters

Some say the squatters, usually teenagers, should be left alone if they are not causing trouble.

Responsibility for injuries

However this comes with risk as the responsibility for any injuries that occur in or around the pool lie with the owner or co-ownership, regardless of if the person is a squatter.

Pool squatters can cause noise disturbances, leave a mess and cause damage to the pool and the surrounding area, but in the event of an accident they could be severely injured. 

This can be the result of a trip or slip, drowning (in France ‘drowning’ cases relate to anyone who struggles in a body of water and needs saving, not just deaths), or other accident. 

Article 1244 of the civil code makes it clear that in the event of an injury, the owner – or in shared complexes, the copropriété – are responsible. 

This includes in the event of squatters, even if they broke the law to be in or around the swimming pool. 

The only situation where the owners or copropriété are not responsible is if they can prove the pool fully complied with safety regulations at the time, although this may be difficult to do after an incident takes place. 

France’s Constitutional Council reaffirmed the importance of Article 1244 in 2023, when it struck out part of an anti-squatter law that would invalidate it. 

A major case in 2024 saw a man paralysed from the neck-down after an accident when he was allegedly pool squatting sue the property co-ownership for medical costs relating to the injury.