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Planning permission
When
is planning permission required in
France
?
Planning
permission is required whenever the exterior aspect of a real estate
property is modified. It is
also required for certain interior modifications where, for example, an
additional storey is added or the use of the property is altered from,
say, residential to commercial. For
certain very minor works (e.g. the installing of a small garden shed below
a certain size or the building of a small stone barbecue) or where the
work envisaged will not in any way alter the exterior aspect (e.g.
replacement of a window with its identical or re-roofing with identical
roof tiles), permission is not required.
However,
the owner of the property should always satisfy him or herself that
permission is not necessary, especially where the property is subject to
restrictive town planning rules if it is in the proximity of an historical
monument, is a listed building or is part of a larger development with
particular rules applying thereto. In
the situation where the property is part of a development, additional
permission would probably need to be sought at a meeting of all the owners
of the properties comprised therein.
What
form does the request for planning permission take?
The
main type of planning permission is the ‘permis de construire’
(building permit). For certain
types of minor works on a property a simple ‘déclaration des travaux’
(declaration of works) is all that is required.
Such minor works would include the installing of most types of open
air swimming pool, installation or removal of windows e.t.c.
How
is the request for planning permission made?
The
request for planning permission is made by completing the requisite forms
which can be obtained from the town hall (‘mairie’) local to the
property. In the case of
uncertainty over which type of permission is required or whether
permission is required at all, this is where further information should by
sought. In addition, in most
departments there is a Council of architecture, town planning and
environment (‘Conseil d’architecture, d’urbanisme et de
l’environnement’ [CAUE]) from which free information can be sought on
construction projects. Again,
the local ‘mairie’ should be able to advise upon whether there exists
a council and, if so, how its members can be consulted.
Is
the intervention of an architect necessary?
The
intervention of an architect is necessary where an individual wishes to
construct a house of a surface area greater than 170 m2 or where the work
increases the size of the property, taking the surface area to more than
170m2, or where it concerns a building of which the current surface area
exceeds 170m2.
What
happens once the construction is completed?
The
completion of the construction must be declared and a certificate sought
attesting to the fact that the construction conforms to the original
building permit (‘certificat de conformité’).
This aspect is extremely important and the certificate must be
obtained to prove that the original permit has been respected and the
construction is legally edified.
What
happens if the planning regulations are breached?
The
destruction of the construction can be ordered in certain cases.
Also, a criminal offence would be committed for which the owner
could be fined or even, in the event of repeat offences, imprisoned.
In addition, connection to services such as water and electricity
can be refused.
22/05/2003
- Issue of the week
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