Planning permission in France
A planning permission is an administrative deed that allows the general government to control the work, facilities and developments affecting land use in a land donated.
Why a planning permission?
The planning permission is particularly necessary when it concerns:
- the creation of subdivisions from two building lots with construction or development of common ways, spaces or equipment or that the project is located in a classified site or in a protected area (in these two sectors the permit to to develop is required from the 1st detachment).
- regroupments realized by a free urban land association when they envisage the realization of ways or common spaces,
- the creation or expansion of a campground for the reception of more than 20 people or more than 6 recreational lodgings consisting of tents, caravans, mobile homes for recreation or light recreational homes,
- the creation or expansion of a residential recreational park or a holiday village classified as a light lodging,
- the redevelopment of an existing campground or recreational park, where the purpose of the redevelopment is to increase the number of spaces by more than 10%,
- work that has the effect, in a campground or recreational park, of substantially modifying the vegetation that limits the visual impact of the facilities,
- the development of a field for the practice of sports or motorized leisure
- the development of an amusement park or a playgrund and sports area larger than 2 hectares,
- the development of a golf course larger than 25 hectares, the development of public parking areas, vehicle depots and collective garages for caravans or recreational mobile homes,
- where they may contain at least 50 units, scouring (digging) and raising of the soil (elevation), the height of which, in the case of an elevation, or the depth in the case of scour, exceeds 2 m and which relates to an area greater than or equal to 2 hectares, unless they are necessary for the execution of a building permit,
- the development of built or undeveloped land intended for reception areas and family grounds of Travelers, allowing the installation of more than 2 mobile homes,
- the development of built or undeveloped land to allow the installation of 'at least 2 demountable residences creating a total floor area of over 40 m² and constituting the permanent habitat of their users.
The file is transmitted to the town hall by registered letter with an acknowledgement of receipt
Planning permission: delay and appeal
The instruction period, with some exceptions, is 3 months from the filing date of the application. The permit will be or will be accepted, or refused with motivation or subject to a stay of proceedings.
- In the case of acceptance, if the work has not started within the 3 year period and, after this period, if they are interrupted for more than one year, the permit lapses.
- Before the issuance of the permit to develop any promise of sale in any form or condition can be concluded.
- After obtaining the planning permission and before the viability or completion guarantee works, only unilateral sales promises, subject to a special regime provided for in the French Town Planning Code, are allowed.
The planning permission leaves no room for amateurism. This is a document authorizing a very often large-scale operation. The regulation is strict to guarantee the buyer of the property. Compliance with the administrative requirements is ensured by the french notaire who will verify point by point the respect of the procedure and will receive the acts only according to the state of the procedure. The validity of the acts depends on the stage attained by the procedure. In addition, the french notaire will verify whether the conditions for the implementation of insurance and completion guarantees are met. The french notaire is the essential pillar of the respect of the legal procedures required for the guarantee of the buyer.
- We own a land in joint ownership composed of 4 people. Only three co-owners participated in the construction of the house built on the land. How to rectify the property proportions of each?
- I buy a property for which the mandate of sale provides that the payment of real estate agency commission is the responsibility of the seller. Why is this commission included in the base for calculating notaire fees?
- I am a tenant of my principal residence and owner of my second home. I want to sell it so I can buy a new home that I will assign to my main home. This residence is worth 300.000 €, but I still have 100.000 € of credit to refund. [...]
- Seven years ago, I had my house extended but I did not take out property damage insurance. I wish to sell my property but the notary tells me that I must personally guarantee the purchaser in case of occurrence of damage covered by the ten-year guarantee.