If you plan to build or enlarge your home, you must certainly ask yourself many questions about the building permit. As a specialist in legal law passionate about this area, I will guide you through the essential steps to obtain this precious sesame. My experience taught me that the key to success lies in careful preparation and a good understanding of the rules in force. Follow me in this detailed guide to demystify the process and increase your chances of success.
When and why ask for a building permit?
Cases requiring a permit
The building permit is compulsory for any new construction exceeding 20 m² of ground surface (or 40 m² in urban areas covered by a local urban plan). It also applies to significant extensions of existing buildings. I have often found that many owners underestimate the importance of this approach, but believe me, it is crucial to avoid any later legal problem.
Exceptions to know
Some work can be carried out without a license, such as small constructions of less than 5 m² or maintenance work. However, a prior declaration may be necessary in some cases. It is always better to check with your town hall before starting any project.
The importance of respecting town planning rules
Your project must imperatively respect the local urban planning rules, as defined in the local urban plan (PLU) or the land use plan (POS). These documents fix the rules of implantation, dimensions and external appearance of the constructions. Do not neglect them because they are the basis of the assessment of your request.
Key steps to obtain your building permit
Preparation of the file
The first step is to bring together all the necessary documents. Here is a list of essential parts to provide:
- The Cerfa form duly completed
- A field situation plan
- A mass plan of constructions
- A plan in the field of land and construction
- A descriptive project notice
- Plans of facades and roofs
- A graphic document in the environment
- Photos of the field and surroundings
Do not hesitate to be meticulous in the preparation of these documents. I have seen many files rejected simply because they were incomplete or imprecise.
Submission and instruction of the request
Once your file is complete, place it in town hall in 4 copies minimum. The investigation time is generally 2 months for a detached house and 3 months for other projects. During this period, town planning services will carefully examine your request to ensure its compliance with the rules in force.
Display and validity of the permit
If your license is granted, you must display it on your field visible from the public highway, and this throughout the duration of the work. This display is fundamental because it marks the start of the time to appeal by third parties, which is 2 months. The permit is valid for 3 years and can be extended twice for a period of one year each time.
Here is a summary table of deadlines to remember:
Stage | Deadline |
---|---|
Instruction of the file (individual house) | 2 months |
Instruction of the file (other projects) | 3 months |
Appeal of third parties | 2 months after display |
Permit validity | 3 years (extendable 2 times 1 year) |
Points of vigilance and expert advice
During my career, I have identified several crucial points to maximize your chances of obtaining your building permit:
Anticipate specific constraints : In some protected sectors, additional rules apply. For example, the opinion of the architect of buildings in France can be required. Ask upstream to avoid unpleasant surprises.
Call on a professional if necessary : For projects exceeding 150 m² of floor surface, the use of an architect is compulsory. Even for more modest projects, a professional can help you optimize your file.
Anticipate the additional costs : Remember that obtaining a building permit is accompanied by taxes, in particular the development tax and the royalty of preventive archeology. Integrate these costs in your overall budget.
In case of refusal, do not discourage yourself. You can contest the decision by a graceful appeal to the town hall, then by a litigation if necessary. I have seen many projects succeed after a first refusal, thanks to judicious adjustments.
Get a building permit May seem complex, but with rigor and good preparation, it is a completely achievable objective. Do not hesitate to request the help of professionals or to find out with your town hall in case of doubt. Your construction project deserves your full attention, and believe me, the satisfaction of seeing your accepted request is largely worth the efforts made. Good luck in your efforts!
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