Published: Living France

Date: November 2010

Author: Vincent Morand

When you are buying a plot of land to build a new property or planning to extend the existing property being purchased, it will be highly advisable to obtain at least a certificat d’urbanisme pré-opérationnel known as CU-b. A CU-b differs from the very common certificat d’urbanisme informatif or Cu-a. The Notaire in charge of the purchase will obtain this CU- a document before completion. However a CU-a does not relate to any work to be done in the future, but only to the property itself and will mainly provide information about the public plans for the area. Therefore, in the situation above, obtaining a CU-b should be one of the various conditions suspensives inserted in the compromis de vente. A certificat d’urbanisme pré-opérationnel is issued by the local authorities to confirm whether or not the current planning rules applying within the area where the property is situated would prevent the purchaser from realising his plans. This is why the application to be submitted should contain a precise description of the planned work. A certificat d’urbanisme pré-opérationnel issued as positif is valid for 18 months. This is however not the final authorisation. Even with a CU-b positif, the purchaser will have to obtain a planning permission; the two main ones being the déclaration préalable de travaux dispensés de permis de construire and the permis de construire. This is why in practice, depending on the work to be done, it may be necessary to have as a condition suspensive not only the CU-b but the final authorisation itself. In this respect for example, it is not because there is an existing construction on a plot of land that it will automatically be suitable for building; the planning rules may have changed. It may also be possible to extend an existing property but not to rebuild it entirely. This point should always be carefully considered as this matter is of too much importance.

A déclaration préalable de travaux is the authorisation to be obtained for slight work such as building a garden shed smaller than 20 square metres. Once the application has been properly completed and submitted, the local authorities have one month to process it. If the applicant does not receive a response within the delay above mentioned the authorisation is treated as granted. Otherwise the local Mairie issued either a positive or a negative decision and confirmation is sent to the applicant.

A permis de construire will be necessary for bigger constructions or for example to convert a barn into a dwelling as this is likely to be treated as a new construction from a urbanisme (planning) point of view. As for the déclaration préalable de travaux, the application is submitted to the local Mairie. In some cases, and in particular if the construction exceeds 170 square metres, the plans must be drafted by an architect. Although this delay may sometimes be longer, the local authorities have in general two months to process a complete application. In this case too, if no reply is received the authorisation is treated as granted.

When a construction is to be demolished a permis de démolir will be necessary.
It is not because an authorisation is granted that the work can start immediately. Indeed, following the day on which the authorisation is granted, the authorities have a three-month delay to withdraw it. Even if this may appear as rather unlikely with regard to a planning permission granted to build a dwelling in the countryside that might happen and this risk should be taken into account. There is also an obligation for the beneficiary of the authorisation to display it at the property. A special board must be used in this respect. In practice it is advisable to ask a huissier de justice to draft a report in order to ascertain that this obligation has been respected. During a two-month delay running from the day on which the authorisation is displayed, third parties like neighbours may challenge it. Once these delays have expired, a certificate should be requested from the local Mairie to confirm that the authorisation was neither withdrawn nor challenged.

The local authorities must be kept informed of work being commenced. A form known as déclaration d’ouverture de chantier is completed in this respect. This ouverture de chantier must usually take place within the two years following the day on which the authorisation is granted.
Once the work has been completed, a déclaration d’achèvement des travaux must be submitted to the local Mairie, because this will take place several months or even years after the initial authorisation, this step in practice is often forgotten. This is however one of the main steps of the process. Indeed, while submitting this document, the owner of the property ought to request a certificat de conformité. This latest document is intended to confirm that the work carried out complies with the initial authorisation. Should the property be sold within the following years this document is likely to be requested by any potential purchaser and unfortunately it is not always easy to obtain it, several years after completion of the work. This declaration déclaration d’achèvement des travaux is also used by the French tax administration to update the records relating to the property.
Building without authorisation may lead to judicial proceedings, fines or even an obligation to remove the construction that was done. This situation may also impact the valuation of the property or its coverage by an insurance company. This is why it is advisable to carefully follow the various steps and to seek specialised advice.

For further information please contact: Vincent Morand

Date: November 2010