This
article is taken from www.frenchentree.com
a superb site on living and working in France
Obtaining permission
to carry out renovation work is a complex subject. It's therefore
essential that before starting (or even planning) any renovation
work, you check the procedures that apply in your commune.
In all cases,
you should go first to your local town hall and ask for the service
d'urbanisme. In a large or medium-size town, this may be a separate
department manned by an architect who's familiar with the buildings
in the town. In a small town or village, the mayor himself and his
assistant may deal with everything and will act as your liaison
with the Direction Départementale de l'Equipment (DDE), which
is responsible for approving all planning applications.
Failure to apply
for planning permission can result in the demolition of renovation
work and even of the whole building (within a short time) and the
payment of a penalty, followed by endless, costly and often agonising
negotiations with French administration.
Planning applications,
however, aren't something to be afraid of. In most cases, reasonable
requests for permission are sympathetically received and, unless
your plans are outrageous or your property is listed, are unlikely
to be rejected, although certain modifications may be required.
In fact, any modifications are likely to be in your interest, and
you're likely to receive helpful advice as to the best way to carry
out your renovation, which will save you both money and time, as
well as ensuring that the result is in keeping with local style
and tradition.
Preparing a
planning application can also be beneficial in helping you with
your own planning.
Rules
and regulations
Although there's general legislation governing planning applications
that applies throughout France, detailed rules and regulations vary
considerably from region to region, department to department, commune
to commune and even village to village, which makes it impossible
to list them all here. For example, in Côtes d'Armor in Brittany,
you cannot usually obtain a permit to build a house less than 100m
from a farmer's field. This may not apply in the heart of France.
Those planning
to buy property for renovation in Brittany should note that planning
regulations have been considerably tightened in recent years. Many
small towns and villages have joined the Commune du Patrimoine Rural
de Bretagne, which aims to maintain properties to their original
specification, eg: only traditional fittings may be used and even
the terrain may not be altered by tree planting without permission.
For this reason,
it's essential to seek advice from people who know your area and
can provide information specific to local regulations. Your first
port of call, as in most matters to do with renovation, should be
your local town hall. Nevertheless, certain rules apply in most
areas, including the following:
* Rainwater
from your roof must not run onto a neighbouring property.
* You may not
construct a building or plant trees or shrubs within 2m of a neighbouring
property.
* If a neighbouring
wall is over 6m high, any building or plant must not exceed half
the height of the wall.
Don't rely on
estate agents, builders or other individuals to give you the correct
information; you will be liable for any mistakes, not them.
There are essentially
three types of permit (described below), and the first thing you
must ascertain is which of these you will need (if any) and whether
you can submit the application yourself or must employ an architect
to do so on your behalf.
Using an architect
For any project to renovate (or construct) a building over 170m2
you will need a professional architect to draw up plans and make
the planning application on your behalf. (You may of course use
the services of an architect even if the area of the building is
less than 170m2).
Calculating
the relevant area, known as the 'surface hors d'oeuvre nette' (SHON),
is more complicated than it might seem. All habitable areas must
be included (eg: the first floor or roof if you're planning to turn
this into bedrooms, as well as the ground floor) and measurements
must include the thickness of the walls, which must therefore be
measured to the outside face. However, the calculation normally
excludes garages, basements, open areas at ground level (eg: a porch
or terrace), balconies and any habitable area where the headroom
is less than 1.8m, eg: in rooms under the eaves.
The cost of
using an architect varies according to the size and complexity of
the project, but normally starts at around E1,750.
Permis
de démolir
A 'demolition permit' (un permis de démolir) may be required
when you wish to demolish a building on your land, and you should
check at the town hall before knocking anything down, irrespective
of how dilapidated it is. A permit may also be required to lop or
cut down trees or to clear ground for building (une demande d'autorisation
de coupe ou d'abbatage d'arbres or une autorisation de défrichement).
Permis
de construire
A building permit (un permis de construire) is required for any
change to a property that affects its taxable value (valeur cadastrale),
which normally includes the following:
* Any extension
to a building, including a balcony or car port, of more than 20m2
* Changing the
use of a building, eg: by converting a shed to a workshop
* Creation of
additional accommodation, eg: by converting a loft or outbuilding
* Removing internal
walls
* Construction
of any outbuilding (eg: stables, kennels or garage) exceeding 20m2
* Enlarging
existing doorways or windows or changing their style or inserting
new windows (including most types of double-glazing)
* Changing the
type of roof tile
* Erecting fences
or walls or replacing a fence or wall with a different type of structure
* Installing
a septic tank
* Digging a
well
* Installing
a swimming pool of over 20m2
* Installing
a pond of over 50m2
* Installing
a mobile home in the garden.
Planning permission
may also be required for the following:
* Changing the
colour of external walls, windows or shutters
* Removing rendering
to expose external stone work or covering stone work with rendering
* Creating a
roof terrace
* Creating a
terrace or patio over 60cm high or covering more than 20m2
* Replacing
front doors
* Installing
security grilles
* Installing
solar panels if they affect the external appearance of a building
(ie: are mounted on the roof) - you may not need permission for
panels at ground level
* Installing
a satellite dish (une antenne parabole) more than 1m in diameter
* Removing trees
(see Permis De Démolir above).
Déclaration de travaux
A 'declaration of work exempt from a building permit' ('une déclaration
de travaux exemptés de permis de constuire', often referred
to simply as une déclaration de travaux) is a kind of simplified
building permit, which may be all that's required for work that
doesn't change the use of a building or create new living space,
or for minor alterations to a building, including the following:
* The installation
of dormer windows or skylights where there's no existing roof aperture
(provided these don't overlook a neighbouring property)
* An extension
of less than 20m2, e.g. a garage, car port, kitchen or conservatory
* Constructing
an outbuilding (e.g. garage or workshop) of less than 20m2
* Replacing
roof tiles or other features with identical or similar items or
materials (du travail à l'identique)
* Raising the
height or otherwise altering the line or pitch of a roof
* Adding or
replacing external doors or windows
* Building a
swimming pool of less than 20m2.
* Adding internal
walls
* A structure
of less than 2m2 and less than 1.5m high
* A wall less
than 2m high
* A patio less
than 0.6m high
* Greenhouses
up to 2,000m2, if less than 4m high
* Temporary
structures on a building site
* Statues, monuments
and works of art less occupying less than 40m3 and less than 12m
high.
Taken from Renovating
and Maintaining Your French Home by Joe Laredo. Survival Books.
This book is available from the
French Entrée bookshop. |