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Many people misunderstand the planning process in France. In our experience, mis-information can cause problems and our job, at least in part, is to ensure clients have a good grasp of the principles so that their project can be dealt with quickly & efficiently. Because the subject is complicated, planning controls are constantly evolving, and individual projects give rise to different situations and requirements, the information below is intended as a guide only, but it will give clients a general understanding of the system. Below you will find the main salient points that should help you comprehend the process.
“Certificat d’urbanisme” (CDU)
Except in specific cases, before any building can be placed on a piece of land, it must have a “Certificat d’urbanisme”. This equates roughly to what is called “Outline Planning Permission” in the UK. An application for this can be made at any time for any land. However, if the land is not within specified building development areas, the chances of success may be limited. If you are buying an existing property, where appropriate the Notaire will ensure it has a CDU. If not, then the property cannot
automatically be used as a habitation. For example, if you buy land with a barn, you may need to apply for a CDU to convert it to living space.
“Permis de Construire” (PC)
We use this term in a general sense because there are a number of different individual applications contained within its format. Assuming you have a CDU on land or a property, if you wish to change its use, appearance, build an extension, demolish a building, build a swimming pool, etc., then you need to apply for a “Permis de Construire” in one form or another. The granting of this permit will allow you in
principle to proceed with your project, subject to certain conditions that will be expressed at the time you receive the approval documents.
In most cases, it takes between two and three months from the date of submission of the application until an answer is given. In certain cases it can take up to 6 months. The authorities have specified time limits in which to request additional information or documents, or to refuse permission. If they do not do so within the relevant period, you will normally have automatic permission to proceed. For example,
if you want to convert an attic space into living accommodation, the authorities usually have 2 months in which to request other documents, or to refuse the application. If they do not, your permission is granted by default, although there are certain procedure to follow before you can begin works. If, however, they request information half way through this period, then they have a further two months
after you have supplied them with the requested items before automatic permission applies.
“Declaration Préalable” (DP)
Where a project involves only minor changes like a new door opening, or the fitting of velux windows, then the application is usually dealt with by a “Declaration Préalable” (beware though, because if your intention is to fit velux windows in order to use an attic as bedrooms, say, then you may need a “Permis de construire”). With this type of application, the time limit before automatic approval applies is usually only one month, but the same applies here as regards additional information - the clock only counts down once all the documentation is received.
Architects:
In France, a registered French architect is required to submit any planning application, except in certain specific, clearly defined cases. For simplicity, I will only mention the most relevant one here. If the net floor area (as defined by specific conditions) of your existing property, or the total area after any extension, is below 170 sq m, then an architect is not required. This area includes basements & attics that can be converted (again as defined by specific conditions) for use as accommodation, even if you do not intend to use them in this way. We can give specific advice on this at the time of our initial discussion.
The planning process:
Irrespective of the type of planning application, the procedure follows the same general pattern and can be summarised as follows:
 Preparation of the planning dossier. This includes all application forms, relevant plans & scale drawings, photographs, explanation of the project, details of the land with any proposed changes to access, septic tank installations, etc.etc. A typical dossier comprises between 10 and 25 pages of drawings, site plans and ancillary documentation. We prepare the full dossier for you and all you have to do is sign it prior to presentation.
Presentation to the local Mairie. The dossier must be delivered to your local Mairie (town hall) in the first instance as they keep track of it and issue the receipt. We will carry this out for you and ensure that a signed & dated receipt is provided.
Presentation to the DDE. The DDE is the state department responsible for planning matters. Your dossier will be sent to the DDE by your local Mairie. Once the decision has been reached it will be sent back to your local Mairie who will transmit the outcome to you. If there are any queries prior to a decision being reached (missing documents, additional information, clarification, etc) the DDE will pass a request to your Mairie and you in turn will be asked to supply the items or information required. Again, this must be delivered to the Mairie within the specified time limits. Failure to do so will mean your application will automatically be cancelled.
Approval. Once approval has been received, you may begin work, but only after you have advised the Mairie that you are so doing, and after the erection of a planning “panneau” at the site of the project.
At all stages of this process, we will be available for help and assistance to ensure your application is handled smoothly.
Please feel free to ask for any further information you may need regarding your particular project. |
