Planning permission

A permit to construct is an administrative act that allows the government to control the work, facilities and developments affecting land use in a given field.­

• Planning permission is required for?

  • - public car parks with at least 50 spaces,

  • - developing golf courses of over 25 hectares (61.7 acres),

  • - creating or extending campsites for over 20 people or more than 6 tents,

  • - redeveloping existing campsites or residential leisure parks, thereby increasing the number of plots by 10% or changing the greenery,

  • - developing land for motor sports,

  • - developing amusement parks or games areas with surface area of over 2 hectares (4.94 acres),

  • - land consolidation performed by a Free Urban Property Management Association (association foncière urbaine libre),

  • - ground excavation or raising over 2 metres deep/high over a surface area of at least 2 hectares,

  • - creating or extending residential leisure parks

  • - a housing development­ from two building lots with construction or lanes, spaces, or common equipment that the project is located in a listed or in a conservation area (in these two areas, the license to develop is needed in the 1^st posting)

  • The application should be sent to the town hall by registered letter with acknowledgment of receipt or delivered by hand in exchange for a receipt.

• Period and decision

  • Unless stipulated otherwise, the appraisal/consultation period is 3 months, from the filing date of the application.

  • Permission will either be granted or refused and the reasons given, or proceedings will be adjourned.

  • If permission is granted and the work has not begun within 3 years,­ and after this time they are interrupted for more than one year, ­the permission becomes null and void. However, it is possible to take steps to obtain a renewal. The initial period of validity may thus be extended twice a year.

  • No promise to sell may be agreed in any form or under any conditions before planning permission is issued.

  • Once planning permission has been granted and before work has begun on the services or the work completion bond issued, only unilateral promises to sell (Subjected to a special regime under Planning Code) ­are accepted.

• Role of the notaire and planning permission

  • Planning permission leaves no room for amateurs. It is a document authorising work often on a large scale. Regulations are stringent in order to cover potential buyers. The notaire ensures that the administrative requirements are met, thoroughly checks compliance with the procedure and only records instruments /deeds as the work proceeds. The validity of the instruments/deeds depends on what stage in the procedure work has reached.

  • The notaire also ensures that the conditions for implementing the insurance guarantees and work completion bonds are properly complied with. The notaire has a key role in ensuring the legal requirements are met in order to protect the potential buyer.

• Find a notaire

  • Find the details in the Directory of Notaires of France.
    Your notaire is at your disposal to help you.