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A development permit is an administrative authorization that allows the authorities to oversee certain operations classified as developments (as opposed to construction or demolition). This includes subdivisions, campsites, recreational residential parks, as well as installations and works of any kind that affect land use. The regulations vary depending on whether the permit concerns a protected area or not.
In which situations is it necessary to apply for a planning permission?
In principle, no formalities are required, but the Urban Planning Code ( articles R421-19 to 421-22) expressly provides exceptions and requires a development permit for certain operations:
• Subdivisions involving the creation or development of roads, common areas, or facilities, or those located within the perimeter of a remarkable heritage site, near historical monuments, in a classified site, or a site pending classification.
• Land consolidations carried out by a free urban land association when they involve the creation of roads or common areas.
• The creation or expansion of a campsite that can accommodate more than 20 people or more than 6 recreational accommodations consisting of tents, caravans, mobile homes, or light leisure dwellings.
• The creation or expansion of a recreational residential park or a holiday village classified as light accommodation.
• The redevelopment of an existing campsite or recreational residential park, when this redevelopment aims to or results in increasing the number of pitches by more than 10%.
• Works that substantially modify the vegetation that limits the visual impact of installations in a campsite or recreational residential park.
• The development of a site for motorized sports or recreational activities.
• The development of an amusement park or a playground and sports area with a surface area greater than 2 hectares.
• The development of a golf course with a surface area greater than 25 hectares.
• The development of parking areas open to the public, vehicle depots, and collective garages for caravans or mobile homes, when they are capable of accommodating at least 50 units,
• excavations and embankments where the height (for embankments) or depth (for excavations) exceeds 2 meters and affects an area of 2 hectares or more, unless they are necessary for the execution of a planning permit.
• the development of built or unbuilt land intended for reception areas and family plots for travelers, allowing the installation of more than 2 mobile homes.
• the development of built or unbuilt land to allow the installation of at least 2 removable residences creating a total floor area of more than 40 m² and constituting the permanent habitat of their users.
Additionally, there are specific provisions for protected areas, which include the perimeter of remarkable heritage sites, the surroundings of historical monuments, classified sites or sites pending classification, nature reserves, and sensitive coastal areas. (articles R421-20 to 22 of the Town Planning code) .
Good to note: some operations, on the other hand, are only subject to prior declaration and are specified in the articles R 421-23 à 421-25 of the Town Planning code.
The planning permission: Application
The application for a development permit is made using the Cerfa 13409 form (C. Urb. R 441-4). It must be accompanied by a set of documents listed in a summary sheet (C. Urb. R 441-5).
This file is completed with a location plan and a development project (a notice and a plan). No other information or documents than those provided for by the Urban Planning Code may be required (article r 441-8-2) by the administration.
You can use an online service to help you compile your file or fill out a form.
Consult the Public Service Website
Development permit: time frame and appeals
The processing period, except for exceptions (mainly 4 months in protected zones), is 3 months from the date the application is filed. The permit will be approved or denied with reasons provided, by a decree from the mayor sent via registered mail or email, or it may be subject to a postponement of decision (up to a maximum of two years).
As a rule, if you do not receive a response from the town hall at the end of the processing period, the permit is tacitly granted. However, there are situations where this constitutes an implicit decision of rejection. As for the validity period, it is 3 years.
However, it will expire if the work has not started within 3 years and, after this period, if it is interrupted for more than one year. Nevertheless, the period can be extended twice for 1 year. The application must be made at least two months before the end of the permit.
The planning permission: sale of plots
A subdivision project that plans the creation or layout of roads, spaces, or shared facilities is subject to a development permit.
Before the issuance of the development permit, no sales promise in any form or condition can be concluded. No deposit may be requested (article L 442-4 of the Town planning code)
After obtaining the development permit and before carrying out viability work or providing a completion guarantee, the developer may enter into a unilateral sales agreement, subject to a special regime provided for in the Town Planning Code (article L 442-8).
The regulations are strict to ensure the protection of the property buyer. The compliance with administrative constraints is ensured by the notary, who will verify each step of the procedure and will only proceed with the deeds according to the status of the procedure. The validity of the deeds depends on the progress of the procedure. Additionally, the notary will check if the conditions for implementing insurance and completion guarantees are being met. The notary is the essential pillar for upholding the legal procedures required to guarantee the rights of the property buyer.