Building in France - Property Planning Consents

Demand for French country properties, especially small farmhouses with outbuildings (fermettes), with a view to renovating them, continues unabated. But undertaking such projects successfully requires a lot of planning – in more than one sense. Not least, in obtaining any required planning consent (permis de construire) from the French authorities. Depending on the extent of the renovations, especially if they include, for example, rebuilding outbuildings (dépendances) or changing of use, such as converting a garage into accommodation (changement de destination du garage), planning consent will certainly be required.

Starting the process
Obtaining this consent can be quite a complex and lengthy process (several months). It may be advisable, therefore, to entrust the application (la demande d’autorisation) to your builder, who will have the local knowledge and contacts as well as the necessary expertise and experience, particularly in knowing what documents and plans collectively (les pièces du dossier) are required. Of which, true to the notorious French bureaucracy, there are many!
For this purpose, you will need to formally authorise your builder to act on your behalf by signing a corresponding mandate (mandate pour déposer un permis de construire). The builder will also need to sign this document as le mandataire. Again, depending on the complexity of the project, the builder is likely to charge you a separate fee for this work, expect to pay around €1,000, plus VAT (TVA – taxe sur la valeur ajoutée). The TVA for renovation projects is at the reduced rate of 5.5%, in lieu of the general rate of 19.60%. A good saving!

The application is filed with the mayor (le maire) at the local town hall (la mairie) and an official acknowledgement (récépissé de demande de permis de construire et des pièces du dossier) is sent to the applicant (pétitionnaire). The mayor must first give his consent to the planned works. The file (dossier) is then sent to the county planning office, known by its initials DDE (Directeur Départemental de l’Equipement) The file is given a reference number and then reviewed by the DDE. If there are any missing items, a notification (headed dossier incomplete) is sent to the builder requesting the filing of the items concerned.
Once the file is complete, the DDE sends an official letter confirming this and indicating that they have two months in which to decide on the matter (notification du délai d’instruction) under the planning rules (Code de l’Urbanisme). Under the rules, if the DDE does not reply within this time period, this letter may be taken as implied authorisation (autorisation tacite). In any case, the DDE undertakes to notify their decision as quickly as possible (le plus rapidement possible).

Once granted, the DDE informs the mayor, who passes on a copy of the permission (permis de construire), which he signs on behalf of the French State, together with a copy of the file, to the applicant. The planning consent is valid for two years and the fees for the consent, €365, are payable by the applicant in two instalments within 18 and 36 months respectively.
It should be noted that the consent is ‘without prejudice’ to any third party rights (droits des tiers) affecting the property, including rights of way (servitudes de passage) and rights of view and light (servitudes de vue et d’ensoleillement). In fact if the works include, for example, putting in new windows, which overlook a neighbouring property, the owner of that property will be informed by the mayor at the outset to ensure that there are no objections.

Step by step
The applicant is required to file at the town hall a signed declaration of the commencement of the works (déclaration d’ouverture de chantier). You must also put up a sign at the property containing a copy of the planning consent and keep it there until the works are completed. When the works are completed, a corresponding declaration (déclaration d’achèvement de travaux) must also be filed. Where an architect has been involved, this declaration must be accompanied by the architect’s certificate (attestation de conformité), confirming that the works have been carried out in accordance with the planning consent and its accompanying plans and documents.

Within 90 days of the property to be renovated becoming usable, a declaration has to be filed with the local land tax office (centre des impôts foncières). The owner of the property should expect to pay even more annual land tax (taxes foncières), reflecting the improvements to the value of the property, in the future.

As mentioned, obtaining planning consent is a complex matter and if you are not sure whether you need any such consent for some improvements you are making to your French property, the best thing to do is to go to the local town hall and discuss it with the mayor. Incidentally, repairing a roof does not require planning consent, but other improvements might, including adding more windows. Be warned, if you do something to your property without obtaining the required consent, you lay yourself open to fines and may also be ordered to demolish anything built illegally.

Glossary

The key planning documents 

• Mandate pour déposer un permis de construire – you and the builders sign this to allow the builders to act on your behalf 
• Récépissé de demande de permis de construire et des pièces du dossier – sent from the planning office to confirm the application is in
• Notification du délai d’instruction – this is sent to the applicant saying that the planning office will make a decision within two months 
• Permis de construire – the certificate of permission granted by the planning office to the applicant 
• Déclaration d’ouverture de chantier – the applicant must now confirm when the work will start
• Déclaration d’achèvement de travaux – the applicant must present this to the planning office when the work is complete
• Attestation de conformité – the certificate the architect presents saying the work has been undertaken according to the permission granted 
• Centre des impôts foncières – the applicant must send this to the land tax office within 90 days of the property becoming usable to allow for correct taxation to take affect

Ian Blackshaw is an international lawyer. Email: cblackshawg@aol.com

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