All buildings, even those without foundations, must be preceded by the issue of a building permit. However, certain works, constructions, developments and installations which, by virtue of their size, nature or location, do not require planning permission may be covered by a simple prior declaration.
A prior declaration is a simplified form of planning permission that allows construction to be checked after the fact.
After outlining the formalities involved in making a prior declaration, this article looks at prior declarations, setting out the cases in which they are necessary.
Two copies of the preliminary planning application must be sent by registered post with acknowledgement of receipt, or deposited at the town hall of the municipality in which the work is to be carried out.
In general, it takes one month for the application to be processed.
Once tacit authorisation or a decision not to oppose the prior declaration has been obtained, the prior declaration must be posted on the site. This notice, posted by the beneficiary of the authorisation, must be visible from the outside and must last for the duration of the worksite.
When the worksite is opened, the beneficiary of the building or development permit must send three copies of a declaration of the opening of the worksite 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 a decision not to oppose a prior declaration from the first day of a continuous two-month period of posting at the site.
Once the work has been completed, a declaration must be sent to the town hall certifying that the work has been completed and complies with the prior declaration. The latter then has three months (or five months in cases where rectification is mandatory) from receipt of the declaration of completion to contest whether the work complies with the declaration.
In this section, we will look at the types of work that are exempt from the requirement to obtain planning permission or a development permit, in favour of a prior declaration.
A prior declaration may be required for three types of operation:
- New construction subject to prior declaration
- Work on an existing building or a change of use subject to prior declaration
- Land uses subject to prior declaration
New construction subject to prior declaration
A distinction must be made between new buildings within the perimeter of a conservation area and those outside it.
1 Outside a protected area
Apart from new constructions that are exempt from any authorisation due to their nature or their very small size, a prior declaration is required in the following cases:
a) Buildings that create a gross floor area greater than two square metres and less than or equal to twenty square metres. The 20 square metre limit does not include existing gross floor area in attics or basements that are considered unfit for conversion and are subject to work to improve hygiene, or existing gross floor area relating to the closure of balconies, loggias and unenclosed areas on the ground floor.
b) Light leisure dwellings built under the conditions defined in article R. 111-32 of the Town Planning Code, with a net floor area of more than thirty-five square metres.
These are light dwellings intended to be built :
- in holiday villages classified as light accommodation ;
- in the outbuildings of approved family holiday homes.
- in residential leisure parks specially developed for this purpose; - in classified campsites;
c) Structures, other than wind turbines, whose height above ground is greater than twelve metres and which do not have the effect of creating a gross floor area or which have the effect of creating a gross 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 and a half metres above ground level. Even swimming pools that are not subject to planning permission, but only to prior declaration, must comply with the siting rules laid down by the Commune's planning regulations, like any other building.
g) Frames and greenhouses whose height above ground is between one and eighty metres and four metres, and whose surface area does not exceed two thousand square metres on the same plot of land.
2 - Protected areas
In protected areas whose perimeter has been delimited, 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) Buildings that do not create a gross floor area or create a gross floor area less than or equal to twenty square metres, whatever their height;
b) Walls of any height. In addition, a prior declaration is required for the erection of a fence if it is located in a protected area whose perimeter has been delimited, in the field of visibility of a historic monument or in a zone for the protection of architectural, urban and landscape heritage;
The same applies if a fence is erected within a listed site, a site classified in accordance with articles L. 341-1 and L. 341-2 of the Environment Code, or within a sector defined by the local town planning scheme in accordance with 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 where the perimeter has been delimited, land, sea or river infrastructure works such as roads, bridges, port or airport infrastructures are subject to prior declaration.
Work on an existing building or changes to its use subject to prior declaration
Where they are not subject to planning permission, 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:
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) Work resulting in the creation of a gross floor area greater than two square metres and less than or equal to twenty square metres. It should be noted that the conversion of attic space does not require any authorisation as long as it does not affect the gross floor area. This is the case when the attic already has a floor or slab. Attic conversions will often require planning permission if a velux window is to be installed in the roof.
Prior planning permission is required for the creation of a conservatory of up to twenty square metres. Beyond that, planning permission will be required.
g) Work resulting in the conversion of more than ten square metres of gross floor area into net floor area.
Land uses subject to prior declaration
The following works, installations and developments must be declared in advance:
a) Subdivisions other than those covered by a development permit. Thus, from the first division with the intention of building, a prior declaration may suffice.
However, planning permission must be sought in the following situations:
* Subdivisions that create more than two building lots over a period of less than ten years:
- when they provide for the construction of roads or common areas ;
- or when they are located in a listed site or in a protected area whose perimeter has been delimited;
* The creation or extension of a campsite for more than twenty people or more than six tents, caravans or mobile leisure homes;
* land consolidation carried out by a free urban landholding association where this involves the creation of common roads or areas;
* The redevelopment of an existing campsite or residential leisure park, where the purpose or effect of this redevelopment is to increase the number of pitches by more than 10%;
* The development of a golf course with a surface area of more than twenty-five hectares;
* The development of a site for motorised sports or leisure activities;
* The creation or extension of a residential leisure park or holiday village classified as light accommodation;
The creation or extension of a residential leisure park or holiday village classified as light accommodation; * Work having the effect, on a campsite or residential leisure park, of substantially modifying the vegetation that limits the visual impact of the installations;
* The development of an amusement park or sports and games area with a surface area of more than two hectares;
* Where they are likely to contain at least fifty units, parking areas open to the public, vehicle depots and collective caravan or mobile leisure home garages;
* Unless they are necessary for the execution of a building permit, the scouring and raising of the ground whose height, in the case of raising, or depth in the case of scouring, exceeds two metres and which cover an area greater than or equal to two hectares.
b) The division of landholdings located within the zones delimited in application of article L. 111-5-2 of the Code de l'urbanisme, with the exception of divisions carried out as part of an authorised development operation, divisions carried out, prior to the closure of the operation, as part of a rural land development operation covered by Title II of Book I of the Code rural et de la pêche maritime (Rural and Maritime Fishing Code) and divisions resulting from a rural lease granted to tenants exercising the agricultural profession;
c) The development or provision to campers, on a regular basis, of land not requiring a development permit in application of article R. 421-19 ;
d) The installation, outside campsites and residential leisure parks, of a caravan other than a mobile home mentioned in j below when the duration of this installation is greater than three months per year; for the calculation of this duration, all periods of parking, whether consecutive or not, are taken into account;
e) Where they are likely to contain between ten and forty-nine units, parking areas open to the public, vehicle depots and collective caravan parks;
f) Unless they are necessary for the execution of a building permit, the scouring and raising of the ground where the height, in the case of raising, or the depth in the case of scouring, exceeds two metres and which cover an area greater than or equal to one hundred square metres;
g) Tree cutting or felling in cases covered by article L. 130-1 ;
h) Works having the effect of modifying or removing an element that the local town planning scheme or a local town planning document has identified, in application of 7° of article L. 123-1, as being of heritage or landscape interest;
i) Works other than those carried out on existing buildings which have the effect, in a municipality not covered by a local town planning scheme, of modifying or removing an element which a decision of the municipal council, taken after a public enquiry, has identified as being of heritage or landscape interest;
j) The installation of a mobile home covered by article 1 of law no. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers, constituting the permanent home of Travellers, when this installation lasts for more than three consecutive months;
k) Traveller reception areas. In protected areas whose perimeter has been delimited, any work, with the exception of ordinary maintenance or repair work, having the effect of modifying the layout of the surroundings of an existing building must be preceded by a prior declaration. In designated protected areas, classified sites and nature reserves, the installation of street furniture or works of art, alterations to roads or public spaces and planting carried out on these roads or spaces, with the exception of ordinary maintenance or repair work and work required by safety regulations, must also be preceded by a prior declaration.