AMENDING PLANNING PERMISSION: WHEN AND HOW DO YOU OBTAIN IT?

Amending planning permission: when and how do you obtain it?

Le planning permission An amending permit is issued when a construction project undergoes changes after the initial permit has been issued.

This permit allows certain modifications to be incorporated without having to submit a complete new application.

This legal tool thus offers a flexible solution for adapting a project in progress, provided that the changes envisaged comply with the legal framework.

Application for an amending permit

A variation permit can only be issued if a building permit or develop has already been issued and is still valid.

Its use is limited to modifying a project in progress, without changing its fundamental nature.

The modifications in question must be underageand may concern :

-. The external appearance of the building (e.g. alterations to the facade, roof, joinery);

-. Positioning the building on the plot ;

-. A slight change to the floor area or footprint.

On the other hand, a change of use, a significant increase in floor area or a new purpose for the building will require a new permit to be issued. The amendment is therefore not a tool for regularising major changes that have already been made.

Who can apply (Amending planning permission: when and how to obtain it)?

Only the holder of the original permit may apply for an amending permit.

In addition, the petitioner must still be authorised to build (the original licence must not have expired or been withdrawn). If the licence is transferred, it is up to the new holder to apply.

In practice, the application can be made at any time, as long as the work has not been completed and the original permit is still valid.

How do I obtain an amending planning permission?

Applications are made using Cerfa form n°13411*10 (application to amend a valid permit).

All requests for modifications must be accompanied by a file containing :

-. A site plan ;

-. A plan of the modifications envisaged;

-. An explanatory leaflet ;

-. As well as all the necessary documents depending on the nature of the changes.

The file is then deposited at the town hallHowever, in the case of applications submitted by legal entities in municipalities with more than 3,500 inhabitants, these entities are required to submit their planning permission applications exclusively by electronic means.

The application is processed within the same timeframe as for a standard permit (generally two or three months). An express decision is expected. If no response is received within the deadline, the application is deemed to have been accepted (tacit permit).

What is the scope of the amending permit?

Amending permits do not replace initial permits. It completes it.

These two authorisations form a single package. In the event of a dispute, they are assessed together.

The rules then applicable to the building are those in force at the time the original planning permission was issued, unless the modification makes it necessary to reconsider them in the light of new planning rules.

Lastly, the amending permit must be posted on the property, as is the case for an initial permit. This opens up a new appeal period for third parties.

Amending planning permission: when and how do you obtain it?

FINALTERI AVOCATS in Bastia and Ajaccio in town planning law