The Civil Code defines the right of ownership as "the right to enjoy and dispose of things in the most absolute manner". However, in the name of the general interest and with a view to the rational and balanced development of urban areas, local authorities may exercise their prerogatives as public authorities in order to limit this right of ownership.
The right to build is regulated by a certain number of planning authorisations that sanction compliance with planning rules that are enforceable against private individuals: local planning documents (PLU, subdivision regulations, etc.) or national regulations, as well as public utility easements.
The Ordinance of 8 December 2005 and the Decree of 5 January 2007, and more recently Ordinance no. 2011-1916 of 22 December 2011 and Decree no. 2012-274 of 28 February 2012, have reformed planning permission, in particular to reduce the number of authorisations required, provide a better framework for appraisal times, group procedures together and make it easier to compile applications.
The Planning Code now provides for three permits and a single declaration, compared with eleven permits and five declarations prior to these reforms.
Building permits, planning permission, demolition permits and prior declarations make up the current set of planning authorisations. NEW DEAL IMMOBILIER, a network of estate agents, will begin by examining the procedure for issuing planning permission, followed by a look at the scope of planning permission.
Contents :
Part 1 - Procedure for issuing planning permission
I- Applying for planning permission
A- The applicant
1) Applicant
2) Use of an architect
B- Contents of the application for planning permission
II- The decision by the competent authority
A- Examination of planning permission
1- Time limits for processing planning applications
2- Checking compliance of the application
B- Decision
1- Express decision
2- Tacit decision
3- Display of planning permission
4- Period of validity of planning permission
5- Transfer of planning permission
III- Checking conformity of work
Part 2 - Scope of planning permission
I- Land division
A- Subdivision operations
1- Scope of subdivision regulations
2- Permits required
B- Land division operations other than subdivisions
1) Permit for division
2) Prior declaration
II- Operations other than land division
A. New construction
1) Work exempt from authorisation
2) Prior declaration
3) Planning permission
a. General building permit
b. Precautionary permission
4) Miscellaneous permits
a. Permits for camping, caravanning and light housing
b. Approvals relating to wooded areas
B. Operations on existing buildings
1. operations subject to prior declaration
2. operations subject to planning permission
a. Planning permission
b. Demolition permits
Procedure for issuing planning permission
I- Applying for planning permission
A- The applicant
1) The applicant
Since 1st October 2007, a prior declaration or application for planning permission may be submitted:
- By the owner of the property. All the applicant has to do is state that he is the owner. No proof of title is required. The case law theory of the apparent owner still applies. Case law has accepted that holders of a synallagmatic promise of sale or a unilateral promise of sale have this status.
In the case of joint ownership, a joint owner may submit his application alone, without the agreement of the other joint owners.
In the case of co-ownership, if the work relates to a private area, a co-owner may submit the application alone, whereas if the work relates to a common area, an authorisation from the other co-owners and a copy of the co-ownership regulations must be produced.
Finally, the Code de l'urbanisme does not prevent owners of separate but contiguous plots of land from submitting a single application for planning permission for the construction of one or more buildings on the said plots that form a single whole.
- The owner's agent.
The authorisation given by the owner is not subject to any formalities. It results from a private power of attorney, generally in favour of an architect or surveyor. The identity of the latter must therefore be indicated in the application.
- A person providing proof of a title authorising them to build for a person certifying that they are authorised by the owner to carry out the work.
It is sufficient for the applicant to provide proof of a simple certificate drawn up by the petitioner stating that he or she is authorised to carry out the work by the owner of the property.
This presupposes, however, that the person attesting to this fact is in possession of a document authorising him or her to build. Otherwise, this would constitute fraud, which would render the permit illegal and could result in its withdrawal without any time limit.
- A person entitled to benefit from expropriation.
The expropriation procedure for reasons of public interest must be initiated for the permit to be validly issued.
2) Use of an architect
In order for planning permission to be issued, an architectural project must be drawn up by an architect, failing which the permission will be null and void. However, there are some exemptions.
This is the case for individuals or single-member EARLs who declare that they wish to build or modify, for themselves, an agricultural building with a floor area and a footprint not exceeding 800m², or a non-agricultural building with a floor area and a footprint not exceeding 170m².
The use of an architect is also not compulsory for work subject to planning permission relating exclusively to the layout and fittings of interior spaces, commercial buildings and shop windows, or which is limited to alterations that do not result in visible changes to the exterior.
In the case of extensions, an architect must be consulted if the construction project results in either the floor area or the footprint of the building exceeding the ceilings mentioned above.
B- Contents of the application for planning permission
Applications for planning permission or prior declarations must include a certain amount of information and documents in order to be admissible.
The information to be provided on the forms, for all types of application, is as follows:
- The identity of the applicant ;
- Declaration by the applicant that he meets the conditions of article R423-1;
- The location and surface area of the plot
- The nature of the work
No other information is required for planning permission or prior declarations relating to a development project.
However, other information is required depending on the type of permit:
For building permits :
- The identity of the project architect
- The purpose of the building
- The floor area of the proposed buildings, if applicable, broken down according to the different uses defined in article R. 123-9 of the Code de l'urbanisme (Town Planning Code)
- The electrical power required for the project, where the electrical power exceeds 12 kilovoltamperes single phase or 36 kilovoltamperes three phase;
- The information, set by decree, needed to calculate the charges
For demolition permits, the approximate date of demolition must be given.
For prior declarations relating to a building project, works, an existing building or a change of use of a building, the floor area and use of the proposed buildings must be indicated, where applicable, as well as the information required to calculate the charges, as laid down by decree.
For allotments, the maximum number of lots, the maximum floor area of the proposed building and, where the allotment is not covered by a PLU or equivalent document, the maximum floor area must be indicated.
For seasonal constructions, the period(s) of the year during which the construction is to be dismantled must be indicated.
Main documents to be submitted with the application:
Certain documents must be submitted with all applications: site plan, site layout plan.
However, the site plan is only required in the case of a prior declaration "derived" from the planning permission if a new building is being created or the volume of an existing building is being altered.
For planning permission :
a) A plan showing the location of the plot within the municipality;
b) The architectural project including the documents mentioned in articles R. 431-8 to R. 431-12 of the Town Planning Code.
For planning permission :
a) A plan showing the location of the plot within the municipality;
b) The development plan including the documents mentioned in articles R. 441-3 and R. 441-4 of the Code de l'urbanisme.
For a prior declaration relating to a development project :
a) A plan showing the location of the plot within the municipality;
b) A summary plan of the site showing the buildings of all kinds on the plot;
c) A three-dimensional sketch and dimensioned plan of the development showing, where applicable, the proposed division(s).
For a demolition permit :
a) A plan showing the location of the plot within the municipality;
b) A floor plan of the buildings to be demolished or, where applicable, preserved;
c) A photograph showing the building(s) proposed for demolition and how they fit into the surrounding area.
II- Decision by the competent authority
A- Appraisal of planning permission
The application for planning permission or prior declaration must be sent by registered post with acknowledgement of receipt, or lodged at the town hall of the municipality concerned by the work.
Prior declarations require two copies, compared with four copies for planning permission applications (building, development and demolition permits).
The mayor is obliged to forward the various copies to the appropriate party so that the application can be processed.
The application for planning permission or prior declaration must be sent by registered post with acknowledgement of receipt, or delivered to the town hall of the municipality in which the work is to be carried out.
Prior declarations require two copies, as opposed to four copies for planning permission applications (building, development and demolition permits).
The mayor is obliged to forward the various copies to the appropriate party so that the application can be processed.
1- Time limits for processing planning permissions
Under the reform, applicants for planning permission are informed of the time taken to examine their application as soon as they submit their file. If the application is incomplete, the authorities may request the missing documents within one month of submission. In this case, the review period will begin on receipt of the additional documents. On the other hand, if the authorities contact the applicant after the one-month deadline, the processing period will not be interrupted.
The standard timeframes for processing planning permission are as follows:
- One month for prior declarations ;
- Two months for applications for demolition permits and for building permits for detached houses, as defined in Title III of Book II of the Construction and Housing Code, or their annexes;
- Three months for other building permit applications and applications for planning permission.
In some cases, these deadlines may be extended. In such cases, the authorities must inform the applicant within one month of the application being submitted.
2- Checking compliance of the application
Planning permissions allow for checks to be carried out, a priori in the case of permits and a posteriori in the case of prior declarations, to ensure compliance with planning regulations.
This control of the conformity of works and developments is limited to town planning rules and not to private relationships. The authorities will not check whether there are any obstacles linked, for example, to private rights of way or non-construction easements. The authorities will point out that planning permission is granted subject to the rights of third parties: they will check that the project complies with planning rules and easements. It does not check whether the project complies with other regulations and rules of private law. Any person who feels that their rights have been infringed by the disregard of property rights or other private law provisions may therefore take their case to the civil courts, even if the planning permission complies with planning regulations.
B- Decision
1- Express decision
The competent authority takes a decision on the planning application by means of an order or, in the event of opposition or requirements, on the prior declaration.
This order must include a number of details, in particular the reasons for the decision in the event of refusal.
It must also specify, where applicable, the amount and method of assessment of any contributions payable by the beneficiary of the permit.
The decision must be notified directly to the applicant by registered letter with acknowledgement of receipt or by electronic transmission, if the decision provides for a contribution or specific requirements.
If there are no special contributions or requirements, the order may be notified by ordinary mail.
The date on which the decision becomes enforceable must be stated in the order.
2- Tacit decision
The reform of town planning authorisations established the principle that silence on the part of the competent authority during the examination period is deemed to constitute a decision not to oppose for prior declarations and a tacit permit for building permits, development permits or demolition permits.
However, the cases set out in articles R424-2 et seq. of the French Town Planning Code require express authorisation.
3- Displaying planning permission
Once planning permission has been obtained, the decision must be posted on the site. This posting, carried out by the beneficiary of the authorisation, must be visible from the outside and must last for the duration of the worksite.
When the site is opened, the beneficiary of the building or development permit must send three copies of a declaration of the opening of the site to the local mayor. The poster must mention the obligation to notify the author of the decision and the beneficiary of the permit or of the decision on the preliminary declaration of any administrative appeal or legal action.
In addition, within eight days of the express or tacit issue of the authorisation, an extract of the declaration is published by posting it at the town hall for a period of two months. An order issued by the Minister responsible for town planning regulates the content and form of the notice.
A third party may lodge a legal appeal against the permit or the decision not to oppose a prior declaration from the first day of a continuous period of two months of posting at the property.
4- Period of validity of planning permission
The reform of planning permission has standardised the expiry periods for planning permission, providing for a two-year period of validity. Planning permission or a decision not to oppose a prior declaration will only lapse once this period has elapsed and if the work has been interrupted for more than a year. Any appeal against the planning permission will result in the suspension of the time limits until notification of the irrevocable court decision.
5- Transferring planning permission
Where planning permission is legal and still valid, its transfer to a new beneficiary is in principle automatic.
III- Checking conformity of works
Before the reform of planning permission, a certificate of conformity was issued by the authorities. Now, the applicant is responsible for submitting a declaration of completion of the work.
This declaration of completion and conformity of the work is signed by the beneficiary of the building or development permit or of the decision not to oppose the prior declaration, or by the architect or architect's architect, if they have supervised the work.
It should be sent by registered post with acknowledgement of receipt to the mayor of the municipality, or deposited at the town hall in return for a receipt.
Once the declaration has been received, a period of three months begins, during which the competent authority may contest the conformity of the work. This period is extended to five months when the work must be completed, i.e. :
- When the work concerns a building listed as a historic monument in application of article L. 621-25 of the French Heritage Code, or when it is located in a safeguarded area created in application of article L. 313-1 of this Code or in a site listed or classified in application of articles L. 341-1 and L. 341-2 of the French Environment Code; it is then carried out in liaison with the Bâtiments de France architect or, where applicable, the representative of the minister responsible for historic monuments or the minister responsible for sites;
- When the work is subject to the provisions of articles R. 122-1 to R. 122-29 of the French Construction and Housing Code relating to high-rise buildings, or to the provisions of articles R. 123-1 to R. 123-55 of the French Construction and Housing Code relating to establishments open to the public; in this case, it is carried out in liaison with the departmental director of the fire and rescue services, except when the establishments open to the public in category 5 do not have accommodation premises;
- When the work is carried out either within an area destined to be classified as part of a future national park, the creation of which has been taken into consideration in application of article R. 331-4 of the Environment Code, or within the core area of a national park delimited in application of article L. 331-2 of the same code, or within a nature reserve created in application of article L. 332-1 of the same code;
- When the work is carried out in an area covered by a plan for the prevention of foreseeable natural risks or by a plan for the prevention of technological risks drawn up in application of the Environmental Code, or by a plan for the prevention of mining risks drawn up in application of the Mining Code. However, it is not compulsory to complete the survey when the prevention plan does not impose any rules other than compliance with para-cyclonic or para-seismic standards or the obligation to carry out a preliminary study to determine the suitability of the land for the construction given its intended use.
During the above periods, the authorities may check that the work complies with the regulations and, if no objections are raised, they must issue a certificate stating that no objections have been raised.
If the work does not comply, the authorities will give formal notice to the applicant to rectify the situation. Either new work will be carried out to bring the situation into compliance, or an application for an amending permit will have to be submitted.
Scope of planning permission
I- Land division
Some operations involving the division of land fall within the scope of subdivision operations, while others do not.
A- Subdivision operations
1- Scope of subdivision regulations
Under the terms of article L442-1 of the French Town Planning Code, "A subdivision is the division into ownership or possession of a land unit or several contiguous land units with the aim of creating one or more lots intended to be built on".
Notion of land unit
The definition of subdivision may apply to one or more land units belonging to the same owner or joint ownership, or to different owners, or to only part of a land unit.
This may involve several neighbouring land units belonging to different owners. However, the plots must be contiguous.
Notion of division
The reform has removed a number of subdivisions from the regulations, such as :
- Fractions of land detached from one property and attached to an adjoining property;
- Land detached from a property as a result of expropriation or a declaration of public interest;
- Reserved land acquired by public authorities to exercise their right to relinquish ownership;
- Certain free transfers and contributions of land;
- Land supporting buildings that are not intended to be demolished. A plot of land supporting a building that is destined to change use will not be treated as a detachment of building land.
- Land resulting from a division that has already been preceded by an administrative authorisation (building permit, land consolidation), as this enables the authorities to check that the land is fully serviced.
The conclusion of a building lease is likely to bring the operation within the scope of the subdivision regime. Inheritance divisions may also give rise to a subdivision.
Setting up a building
The intention to build can be assessed both before and after the division.
If two building plots are divided after prior declaration, the division of a third plot or construction on the remainder may require planning permission or prior declaration, but only for the third plot.
On the other hand, if the first detachment was not preceded by planning permission, the prior declaration or planning permission requested for the second detachment must cover the entire operation.
2- Authorisations required
- Planning permission
Planning permission is required for allotments located on a listed site or in a conservation area, or for allotments involving the creation or development of common roads, areas or facilities within the allotment.
It should be noted that planning permission does not constitute both authorisation to build a development and authorisation to construct buildings on the development in question. A building permit will be required to erect the buildings.
- Prior declaration
Allotments subject to prior declaration are those that are not subject to planning permission, i.e. generally speaking, divisions that do not require the creation or development of roads, common spaces or facilities within the allotment.
B- Subdivisions outside the allotment
Operations involving the division of land that do not fall within the scope of allotments will require administrative control:
- Permis valant division
Ministerial reply from the Ministry of Housing dated 22 March 2011 in response to written question no. 79416:
"Article R. 431-24 of the French Town Planning Code allows housing developments, including grouped single-family homes, to be built under a single planning permission. This building permit, known as a "division permit", authorises the construction of several buildings on the same plot of land and the division of the land in accordance with the division plan attached to the application. Article R. 442-1 clearly excludes divisions carried out in accordance with this permit from the scope of the subdivision procedure. Furthermore, the provisions of article R. 431-24 do not preclude the division of land prior to the commencement of construction, provided that the permits resulting from the division of the initial permit are legal and could have been issued independently. However, such a division must not call into question the overall project, nor allow other regulations to be circumvented. Similarly, unless it falls within the scope of the subdivision procedure, it may only be carried out within the limits of the application of article R. 442-1 d, i.e. insofar as the building rights transferred prior to the division relate solely to "a group of buildings or a building other than a detached dwelling house". In fact, any transfer of rights to build a single-family home, involving the transfer of the base of the building to be constructed, falls within the scope of subdivisions and cannot therefore be authorised as part of a division of planning permission. Purchasers of plots for building a single-family home should not be deprived of the guarantees associated with the subdivision procedure: demarcation of boundaries, guarantee of completion of roadworks and common areas, maintenance of town planning rules for five years. Finally, whenever an owner divides a plot of land for the benefit of several purchasers of lots, each of whom will build a detached house, the owner must initiate a subdivision procedure within the meaning of article L. 442-1 prior to the sale of the lots or their allocation for use.
- Prior declaration
Certain land divisions that are not made with a view to building may be subject to prior declaration by decision of the local authority. The aim is to prevent the emergence of uncontrolled subdivisions.
These zones are defined by the local council. They are created in parts of the municipality requiring protection because of the quality of the sites, natural environments or landscapes.
In the N or A zones of the PLU, a prior declaration will be required for the first division. However, the prior declaration requirement does not apply to divisions resulting from expropriation.
II- Operations other than land division
A. New construction
1) Work exempt from authorisation
These are developments, installations and works of very minor importance, whose duration or use is temporary, which require secrecy for safety reasons or which are regulated or controlled by other authorisation or legislation.
Four categories of works are exempt from all formalities:
- By virtue of their nature or minor importance, except when they are located in a protected area whose perimeter has been delimited or in a listed site:
* New buildings whose height above ground is less than or equal to twelve metres, whose footprint is less than or equal to two square metres and whose floor area is less than or equal to two square metres.
* Light leisure dwellings located in an authorised campsite or residential leisure park and with a floor area of less than or equal to thirty-five square metres;
* Swimming pools with a surface area of less than or equal to ten square metres;
* Frames and greenhouses whose height above ground is less than or equal to one metre eighty;
*Walls whose height above ground is less than two metres, unless they constitute fences governed by article R. 421-12;
* Fences, other than those covered by article R. 421-12, as well as fences required for agricultural or forestry activities;
*Street furniture;
*burial vaults and funerary monuments located within the confines of a cemetery.
- Because of their nature :
Retaining walls and infrastructure structures not located in a protected area and certain underground structures, such as pipes, lines or cables.
- Because of their temporary nature
These constructions may not be maintained for more than 3 months or 15 days in a protected area. However, there are exceptions:
Buildings required for the emergency rehousing of disaster victims, buildings linked to a cultural event or demountable classrooms.
- For safety reasons
These include certain military installations or buildings covered by national defence secrets.
2) Prior declaration
Some operations are subject exclusively to prior declaration, while others are subject to either planning permission or a prior declaration, depending on the scale of the work.
It is important to distinguish whether the new building is located within the perimeter of a protected area or not.
Outside a protected area or listed site
Apart from new buildings that do not require planning permission, a prior declaration is required in the following cases:
a) Buildings with a footprint or floor area greater than two square metres and meeting the following cumulative criteria:
- a height above ground less than or equal to twelve metres ;
- a footprint less than or equal to twenty square metres;
- a floor area less than or equal to twenty square metres;
b) Light leisure dwellings built under the conditions defined in article R. 111-32, with a floor area greater than thirty-five square metres;
c) Buildings meeting the following cumulative criteria :
- a height above ground level greater than twelve metres ;
- a footprint less than or equal to two square metres;
- a floor area less than or equal to two square metres;
d) Structures and accessories for electrical power distribution lines with a voltage of less than sixty-three thousand volts;
e) Walls whose height above ground is greater than or equal to two metres;
f) Swimming pools whose surface area is less than or equal to one hundred square metres and which are not covered or whose cover, whether fixed or mobile, is less than one metre eighty centimetres above the ground;
g) Frames and greenhouses whose height above ground is between one and four metres, and whose floor area does not exceed two thousand square metres on a single plot of land;
h) Ground-mounted solar power generation facilities whose peak power is less than three kilowatts and whose maximum height above ground may exceed one metre eighty, as well as those whose peak power is greater than or equal to three kilowatts and less than or equal to two hundred and fifty kilowatts, whatever their height.
Protected areas
In protected areas whose perimeter has been defined, in a classified site, in nature reserves, in areas destined to be classified as part of certain national parks, the following new constructions must be preceded by a prior declaration:
a) New constructions meeting the following cumulative criteria:
- a height above ground less than or equal to twelve metres ;
- a footprint less than or equal to twenty square metres;
- a floor area less than or equal to twenty square metres.
b) Ground-mounted solar power generation facilities with a peak output of less than three kilowatts;
c) Walls of any height.
In addition, a prior declaration is required for the erection of a fence if it is located in a safeguarded area whose perimeter has been defined, in the field of visibility of a historic monument or in an area for the protection of architectural, urban and landscape heritage or in an area for the enhancement of architecture and heritage.
The same applies if a fence is erected within a listed site, a site classified in application of articles L. 341-1 and L. 341-2 of the Environment Code, or a sector delimited by the local town planning scheme in application of point 7 of article L. 123-1.
The municipal council or the deliberative body of the local authority with jurisdiction over the local urban development plan may also decide to make fences subject to prior declaration.
Lastly, in protected areas whose perimeter has been delimited, land, sea or river infrastructure works such as roads, bridges, port or airport infrastructures are subject to prior declaration.
3) Planning permission
This is an individual administrative act that must be obtained prior to a building operation. It is real in nature, i.e. it follows the property in whichever hands it is held.
Article L421-1 of the French Town Planning Code states that "building work, even if it does not include foundations, must be preceded by the issue of a building permit".
A building is defined as a structure that does not necessarily have foundations, that can be dismantled or built underground. It does not necessarily have to be a building: it may be a technical installation or a structure (swimming pool, pipe, etc.).
It does not matter what the building is used for.
a. General planning permission
The scope of planning permission for new buildings is defined by default. In order to determine whether a particular building requires planning permission, it is necessary to consider whether it is subject to prior declaration or is exempt from this formality.
If a seasonal structure is to be periodically dismantled and re-installed, planning permission must be obtained specifying the periods of the year concerned.
However, if the building has not been dismantled by the date specified in the planning permission (which may not exceed 5 years), the latter lapses.
Once a building has been duly erected, its identical reconstruction following destruction or demolition within the last 10 years is authorised, notwithstanding any planning provisions to the contrary.
b. Temporary permits
Precarious permits are provided for in articles L433-1 et seq. of the Town Planning Code.
They apply to buildings that are not exempt from planning formalities and do not meet the compliance requirements set out in article L421-6 of the Planning Code.
Precarious permits are granted on special grounds and in exceptional circumstances.
Precautionary planning permission can be granted for any zone in any Commune. It is therefore not restricted to reserved areas or industrial zones).
In addition, it can authorise permanent construction, except in certain areas where an expiry date must be set.
4) Miscellaneous permits
a. Authorisations for camping, caravanning and light housing
Before the reform, operations relating to camping, caravanning and light housing were subject to special authorisation. They are now included within the scope of planning permission, even though the specific features of their regime remain.
b. Authorisations for wooded areas
The PLU may classify as wooded areas woods, forests, parks to be preserved, protected or created, whether or not they are subject to the forestry regime, whether or not they are enclosed, whether or not they adjoin dwellings. The effect of classification is to make any change in land use impossible and to make certain operations subject to authorisation. For example, cutting and felling trees will require authorisation akin to planning permission.
Clearing land of woodland is also regulated. In principle, it is even forbidden in classified wooded areas, except in the case of the exploitation of mineral products important to the national or regional economy, for which clearance authorisation is required. Outside classified wooded areas, clearing is also subject to authorisation.
B. Operations on existing buildings
Where work is to be carried out on an existing building, the principle is that no formalities are required unless the work falls within the scope of a prior declaration or one of the three permits.
1 Operations subject to prior declaration
Work on existing buildings, with the exception of ordinary maintenance or repairs, and changes of use of existing buildings, must be preceded by a prior declaration if they are not subject to planning permission:
a) Restoration work and work that alters the external appearance of an existing building. For example, the creation of an opening in the roof, such as the installation of a velux window, will only require a prior declaration, as will a complete re-roofing.
On the other hand, alterations to the facade involving a cumulative change of use of the building will require planning permission rather than a simple prior declaration. The same applies if the work involves altering the volume of the building and drilling or enlarging an opening in an external wall. Planning permission is required for the raising of a property, in order to alter its volume.
b) Changes of use (residential, hotel, office, commercial, craft, industrial, agricultural or forestry, warehouse) of an existing building. In this case, the ancillary premises of a building are deemed to have the same use as the main premises.
If the change of use is permanent and is accompanied by works, a prior declaration will not be sufficient. In this case, planning permission will be required.
c) In protected areas where the conservation and enhancement plan has not been approved or where the conservation and enhancement plan has been revised, work carried out inside buildings.
d) Work carried out on existing buildings that modifies or removes a feature identified in the local urban development plan or equivalent urban development document as being of heritage or landscape interest.
e) Work carried out on existing buildings which, in a municipality not covered by a local town planning scheme, has the effect of modifying or removing an element that a decision of the municipal council, taken after a public enquiry, has identified as being of heritage or landscape interest.
f) Works that result in the creation of either a footprint or floor area greater than five square metres and that meet the following cumulative criteria:
-a footprint less than or equal to twenty square metres ;
-a floor area less than or equal to twenty square metres. These thresholds are raised to forty square metres for projects located in an urban area covered by a local urban development plan or equivalent urban development document, with the exception of those involving the creation of at least twenty square metres and no more than forty square metres of floor area or footprint when this creation leads to one of the thresholds set out in article R. 431-2 of the French Urban Development Code being exceeded.
It should be noted that no authorisation is required for the conversion of attic space as long as the floor area is not affected. This is the case when the attic already has a floor or slab. If you are installing a velux window in the roof, you will often need to obtain planning permission beforehand.
Prior planning permission is required for the creation of a conservatory of up to twenty square metres. Beyond that, planning permission is required.
2 Operations requiring planning permission
a. Planning permission
Planning permission is required for work of a nature or size that requires it, as well as for work to be carried out on buildings located in specific areas. These include
- Work resulting in the creation of a floor area or footprint greater than twenty square metres;
- In urban areas covered by a local urban development plan or equivalent urban development document, work resulting in the creation of a floor area or footprint greater than forty square metres; however, works resulting in the creation of more than twenty square metres and no more than forty square metres of floor space or floor area are still subject to planning permission, where the effect would be to increase the total surface area or floor area of the building above one of the thresholds set out in article R. 431-2 of the French Town Planning Code;
- Work having the effect of modifying the load-bearing structures or the facade of the building, where such work is accompanied by a change of use between the various uses defined in article R. 123-9 of the Code de l'urbanisme;
- Work required to carry out a property restoration operation within the meaning of article L. 313-4 of the Code de l'urbanisme.
b. Demolition permits
The granting or refusal of a demolition permit must be subject to compliance with special requirements if the proposed work is likely to compromise the protection or enhancement of the built heritage, neighbourhoods, monuments and sites.
Demolition is defined as work intended to demolish or render unusable all or part of a building.
This permit only applies to specific properties or areas determined either by specific legislation or by a decision of the Commune (unlike the national application of building permits).