Planning system in France

PLANNING SYSTEM for PROPERTY FOR SALE in FRANCE

Whether building, buying, renovating or demolishing French Property, you will most likely encounter the French Planning authorities.

However don't despair, generally speaking the the detailed planning regulations and tough laws present in the UK don't happen in France, making the process a bit simpler – maybe even easier- another reason why to view Properties For Sale in France! 

Unfortunately, once you've obtained the planning permission you will be taxed on it.

National Planning Bodies and Regulations
The RNU are the main body in national planning.
For a local plan the local rules take place.
Without a local plan, new buildings are forbidden in built up areas. Unless it's an extension or for farming reasons. (Agricultural Build)  
For mountainous and coastal regions the rules of the LAU apply and they overrule any other rules. They have the most power.
There is another body called the DTA who are regionally based and with a long term timescale.

Les directives paysages are the final set of national bodies, who determine external features, and planting requirements. They will play a rather large role in whether or not you are granted planning permission.

Regional Planning Bodies and Regulations
On a regional and county basis the main body is called SCOT (Schémas de cohérence territoriale) The purpose of this body is to outline the spatial development factors for the are over the medium term.

The plan would be subject to a public enquiry and once accepted is valid for 10 years.

Local Plans
When considering Buying a Building Plot in France or even just Bare Land For Sale please do be aware of the following:

The person responsible for preparing a local plan would be the commune under the direction of the mayor.
In some rural towns you may find there to be no plan at all. It is very important that before doing anything on any land that you consult the local plan and if there isn't one have one drawn up. They will show economical details about the town or area, the planning framework and environmental aspects of the area.

PLU
The purpose of this is to lay out a development plan for the area.
The plan will divide the area into four zones.

• U – Where new construction is aloud, which is probably going to be an existing development area.
• AU – An area for Future Development.
• A – Agricultural development area only.
• N – Protected area, no construction aloud.

The Plan will also set out a list of rules. These will include the permitted height of the buildings, building arrangement, any requirements and public services and requirements. IF the property is on a housing development then the plan will, in addition to the general rules, set out rules concerning the housing development.
The general rules will also set out what the permitted maximum density of the property is.

Therefore when looking at French Property, Building Plots or Lane For Sale which might have development potential look at the local plan!

Take note that due to some recent natural problems France has been having, ground movements and floods, the preparation of risk prevention plans, called Plan de Prévention des Risques (PRR) has begun.

The risk plan divides the area into three planning zones:

• Red Zone – No planning permission permitted
• Blue Zone – Planning permission subject to conditions
• White Zone – Planning permission subject to local planning regulations.

If the PRR clashes with the PLU then the PRR will win.

For Regions without a PLU then the government grants them permission to make a less detailed plan called a carte communale which only identifies areas which can be built on and areas which can't. It doesn't lay down any rules.

There are some conservation areas which for historical reasons or public reasons, no building at all will be permitted.

Certificates
A certificat d'urbanisme is a planning advice certificate, which provides general planning information on the site. It certainly does not mean that you have planning permission, and the right to go ahead with a particular project.

It will advise you if there exists a right to build on the land and what conditions you must abide by.

To try and obtain one of these speak to your notaire. Other than this you can complete a form, which can be downloaded of this website: http://www2.equipement.gouv.fr/formulaires/formfiche.asp?IdFormulaire=176&NumFormulaire=13410
For an operation certificate you must submit along with the form a brief description of the proposed plan.

Planning Permission and Works Declaration
Lots of potential buyers of French Property, Houses needing Renovation in Aquitaine, Building Plots in France and Land For Sale in France do not realise that generally for any new building planning permission is required. However some works only require a works declaration.

The thresholds are those relating to the external surface area of the construction. They go like this.

Internal Renovation, works to the inside of the property do not usually require permission although check first. There are huge fines for going ahead with works without planning permission.

Attic Conversions don't require permission if existing floorboards are already in place, don't create any new openings and the new surface area is no greater than 10m². Something less than 1.8m isn't considered part of a habitable surface.  Anything else need planning permission.

To construct a new opening, you only need works declaration.

If you are installing a septic tank on its own, then planning permission and works declaration are not necessary. However is it subject to separate approval and often you'll have to pay €200 as part of the approval.

Anything that changes the appearance of the outside of the building, but without actually making any structural changes, requires works declaration.

If you're converting something into a home, like a barn for eg, then you only need planning permission if you are actually changing the structure of the building. If not then you only need works declaration, however this is a slippy slope in which you can get caught out for simple errors. So seek professional help.

For an external swimming pool, if it is greater than 10m², but less than 100m², then a works declaration is required. If it is over 100m² or exceeds 1.80m in height then planning permission is needed. Below 10m² surface and 1.80m height no consent at all is required.

If the council have not intervened and the wall or fence you are erecting is less than 2m in height, then no planning permission or works declaration is required. If it is above 2m in height then the later is.

For a garage planning application is needed if the external surface exceeds 20m², if not then works declaration is necessary.  The same applies for a conservatory.

If want to build an informal wooden building that is below 20m² then works declaration is needed. If it is above this then planning permission is required. There are no laws on tree houses.

Planning Applications
In most areas it will be the local council and the mayor . If the mairie don't have local plan or they are a commune of under 10,000 residents or just cant deal with the plans then it will go through the DDE, They are the county planning and highway department. They have a network of local offices in each county.
The mayor will formally sign the consent (or refusal) on behalf of the public authorities, but they will not always make the decision.

Advice
Using a qualified professional architect is obligatory if submitting planning application and the net habitable surface area of the new building is greater than 170m² or an extension makes the current property larger than this. If not then your application will be denied.

Its a good idea to ask the opinion of a local French Architect about what you will be able to do to a French Property or what type of House you will be able to put on a Building Plot in France before you commit to buy!

To find your local architect follow the steps: http://www.architectes.org/annuaire-des-architectes/l-annuaire-des-architectes

Submitting the Application Forms
The form itself can be very complicated, so please take care and do make sure there are no blanks. You wool be surprised how many people submit an uncompleted form.
At minimum you will need to submit four copies of the planning application to the local mairie. You must also submit:

• A Site layout
• Location Plan
• Description of project
• Elevations plan
• Your House in France in relation to the other ones in the area.
• Photography of the site
• Coloured drawings of what the proposed French Property will look like
• Soil tests are also very common

Planning Timescales

If consent is granted, there then follows a public notice procedure. 

The applicant must display a notice on the site.

Work on your Building Plot in France must start within 2 years.
If they stop for a period of at least a year then the planning permission would have been rescinded.

In order to submit you works declaration you need to obtain two forms your local mairie. Along with these forms should come a description of the planned works and a plan, consult a legal or professional representative for more information.
You will receive your result within 15 days of application, it will be posted outside the town hall so be on your feet.

If submitting planning permission for a French Property project when something needs to be demolished then there is no need to submit separate planning permission.
And a demolition permit is only needed in a conservation are or on a protected building. Although don't just demolish anything, check with a legal representative.

Once you propose to start the work you must notify the planning authority.

The start of the works can be either the arrival of materials,the erection of site fencing, as well as actual construction work itself.

After the work is finishedon your Property in France, you must notify your mairie within 30 days, using a form called a Déclaration attestant l'achèvement et la conformité des travaux.
After this the authorities have 3 months to visit and make sure you have followed the plans, and that no rules have been breached.

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