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Water is a precious resource and discovering a source on its land is really very interesting. But can you use this free water and why? Do you need permission to use your source and to whom? Let's take stock of the regulations in force.

Discovering a water source in his garden

Discovering a water source in his garden

Domestic use of water from a source

Article 642 of the Civil Code is clear as... spring water: " Whoever has a source in his fund can always use waters at his will within the limits and for the needs of his inheritance ».
If you discover a source on your land you have the right to use it for your needs as well as those of your family.

Now that you are the proud owner of a spring, next summer your grass, your flowers, your garden will be the most beautiful, well watered by the spring water. And your pool will be filled as well. But do not forget, however, that the restrictions on watering the garden or filling pools in times of drought, also concern water from a source or private drilling.

Sanitary use of water from a source

Given the ever-increasing price of tap water, you may be tempted to use your source for sanitary purposes. Indeed the connection to the drinking water network is not an obligation. So you can choose to feed all your faucets with water from your source.
But this water is surely not drinkable. Unless you realize the necessary treatments to make it safe for consumption and regular tests to check its quality, you will not be able to drink it.
But you can use it for the toilet, the shower, the laundry but with all the proper precautions.

Such a device requires equipping your home with a dual water distribution network. The drinking water network and the clean water supply network. These two networks must in no way communicate. The installation of valves or faucets is not sufficient. They must be completely separated to prevent the water from your source from coming pollute the drinking water of the collective network.

The use of water from a source must be declared in town hall

Since Article 642 of the Civil Code of 1804 gives you the right to use water from your source, the legislation has become more restrictive. Its restrictions are intended to preserve water resources.
Thus Article R2224.22 of the General Code of Territorial Communities (CGCT) states that " Any sampling device... whose implementation is envisaged to obtain water intended for domestic use... is declared to the mayor of the municipality in whose territory this work is planned... ».
In addition to the requirement of declaration in town hall, this article sets up a whole set of control facilities to verify the quality of water withdrawals. The constraints and controls will be all the more drastic as you want to use the water from your source for your consumption.

Sewage discharge from a source

When you used the water from your source for purposes domestic or sanitaryunless you have individual sanitation, you will have to dump your wastewater into the sewer.
Article R 2224.19.4 of the CGCT provides that: Anyone required to connect to the sewerage system and who is supplied with water, totally or partially, from a source that does not belong to a public service must make a declaration to the mayor ».
To the extent that you enjoy a collective service, you must pay for its use. And you are required to make a declaration of use at the town hall.

The fee is calculated

  • "Either by direct measurement by means of counting devices installed and maintained at the expense of the user and whose records are transmitted to the sanitation service"
  • "Or, in the absence of metering devices... on the basis of criteria to evaluate the volume of water withdrawn".

Since the Law on Water and Aquatic Environments (LEMA) of 2006 and the decree 2008.652 of July 2, 2008 the regulation on the authorization of the use of the water of a source or a drilling has thus become more restrictive in order to preserve the water resources in the national territory.


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