Explore planning permissions in French law: a complex world where rules define our daily lives, offering a practical insight into the legal contours that shape our towns and spaces.
Contents :
I- Land division
A- Subdivisions
1- Scope of subdivision regulations
2- Authorisations required
B- Non-subdivision operations
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. Permits for 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
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 excluded from the regulations a certain number of subdivisions, 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 utility;
- 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 areas 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 single-family home, he or she 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 constructions 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 monuments located within a cemetery enclosure.
- 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.
A distinction must be made between new buildings within or outside a protected area.
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) Works for the production of electricity from solar energy installed on the ground 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 delimited, in a classified site, in nature reserves, in areas destined to be classified in the heart 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 power 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 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.
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 makes no difference 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, work resulting in the creation of more than twenty square metres and no more than forty square metres of floor space or floor area will still be subject to planning permission, where such work would result in the total surface area or floor area of the building exceeding 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 Town Planning Code.
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).