The process

Unlike UK laws it is the responsibility of the owner to ensure that all building permits are established and in place before any construction work is started. An application must be made by the owner or by their representative, or project manager, or by a person with a title permitting building or by a person able to benefit from the exploitation of the land for a public service. There is no fee although there is a fee for the application if it is successful.

The fee is generally paid in two parts: 18 months after the permission is granted ; then the remainder 12 months later

Note: the Tax Fonciere and Habitation on the property will be directly affected by any development.

Plan submission

All planning applications are to submitted to the local Mayors office and receipted. Under the new process the Mairie then records the request and forwards the applications to the local DDE planning office (Direction Départementale de l'Équipement), and the police, highways, fire service and Architectes des Bâtiments de France (ABF). (This is why so many copies are required).

A receipt (décharge) will be issued with the application number and the date of registration; the response to the application (délai d’instruction) starts from this date. It is administered within the response time for set for the type of application.

Each permit has it's own reception letter that states the response time and goes on to state that if any information from the planning office/Mairie in not received within this period then the application has been approved (Tacit permit).

Tacit approval

There is one obvious problem with a tacit approval: there is no approval in writing, only an approval by default (in that that if there has been no further correspondence approval is assumed, which doesn't allow for the possibility that something is lost in the post). Therefore, before acting on a tacit permit it may be prudent to confirm the approval from planning office by phone and then get a letter from the Mairie stating that approval has been given.

Problems or incomplete files

The local planning office examines the planning application and dossier; if more information is required then either an e-mail or letter will be sent with a request for the additional information, this information can be provided by e-mail and PDF drawings are acceptable.

Planning Approval

Once complete, the decision will be made and planning will be approved by the planning department if the application is in accordance with the local plan. The application then goes back to the Mairie where responses will also be returned from the police, highways, fire service and the Architecte des Bâtiments de France (ABF). If all responses are favourable (including SPANC) and the Mairie is in agreement then permission is granted.

SPANC (Service Public d'Assainissement Non-Collective)

Building projects in the countryside may have a fosse toutes eaux or similar; as part of a planning application the Mairie will ask SPANC to ascertain what sewerage system the property has. Until SPANC have approved the existing/proposed system permission will not be granted. SPANC does not operate to a time scale (its legislation is the code of environment not the code of urbanism and is not part of the reform) and it can take weeks to sort out an application. If, for instance, a new tank is to be installed (or work needs to be done to the existing one) then a study (not necessarily the work) should be completed and submitted as part of the planning application so that everything can be signed off at the same time.

Two Month Third Party Notice

Once planning approval is received, a notice has to be displayed on the property for a period of two months informing third parties of the application. Third parties can view the dossier at the Mairie and object to the application. The objection can only be sustained if the application is contrary to planning law (which it should not be because it has already had approval from the planning authority). However, every objection has to be investigated and this can slow a project down even if it is obvious that the objection will be overruled. If after the two-month notice period nobody has objected then work can start. If you start work before this two months is up, then you could run the risk of having to change what may or may not have already been started.

Duration of Permission

Construction must commence within two years of approval for a Permis de construire, Permis de construire maison or Permis d'aménager. There is no time limit on completion.

Déclaration d'ouverture de chantier (Commence work on site)

To start work, submit the revised form Déclaration d'ouverture de chantier (commence work on site). This is completed by the proprietor for work under a Permis de construire, Permis de construire maison and Permis d'aménager and submitted to the Mairie.

If work is to be undertaken in a single stage check one box, and another box if the work is being done in sections. The form must be submitted prior to starting work on site and is fairly self-explanatory.

The Permis de construire, Permis de construire maison or Permis d'aménager has to be displayed on a panonceau, or panel, at the entrance to the site for the duration of the works.

Déclaration attestant l'achèvement et la conformité des travaux (Completion of work in accordance with permit)

30 days after completion of the work a Déclaration attestant l'achèvement et la conformité des travaux (Completion of work in accordance with permit) must be entered. This form is used when the project is complete for all work under a Permis de construire, Permis de construire maison, Permis d'aménager and a Déclaration préalable.

This is a signed attestation by the proprietor (countersigned by the architect if applicable) that the project has been constructed in accordance with the approved planning application. It is imperative that any changes that have been made during planning or construction are discharged (via a Permis modificatif) prior to declaring that the project is complete and in accordance with the application.

On completion, all Déclaration préalable's also require a Déclaration attestant l'achèvement et la conformité des travaux (Completion of work in accordance with permit).

The authorities have the right to inspect the works to ascertain conformity with the terms of the respective application and within three months the authorities will send a Certificat de conformité. It is on the receipt of the Certificat de conformité that the application is discharged.

Penalties

It is an offence to undertake construction work without a Permis de construire, Permis de construire maison or Permis d'aménager if one is required. This can result in a fine or in certain circumstances an order for the building to be returned to its original state prior to the unauthorised building work.

Having been granted a Permis de construire, Permis de construire maison or Permis d'aménager, it should be noted that is also an offence to carry out work that is outside of that which is defined. Example: If the Permis de construire permits the conversions of a barn to a house, the buildings may not then be converted into gîte without first submitting a Modification d'un permis délivré en cours de validité (modification to PC or PA application).