Change of use of a building
How do you organise the work involved in changing the use of a building?
1.
When a constituent submits a prior declaration with a view to changing the use of an agricultural building, can the change-of-use authorisation issued be deemed to also constitute authorisation to carry out works?
2.
When questioned on this point by a Member of Parliament, the Minister for Territorial Cohesion and Relations with Local Authorities pointed out that changes of use of an existing building between the various uses listed in article R. 151-27 of the French Planning Code are subject to prior declaration, when they are not subject to a "general planning permission". planning permission (C. urb., art. R. 421-7).
Planning permission is required if the change of use between the various uses and sub-uses defined in article R. 151-28 is accompanied by work modifying the load-bearing structures or facade of a building. (C. urb., art. R. 421-14, c).
Where the works only concern the interior fittings of the building, the authorisation system will depend on :
-of the project,
-depending on whether or not it creates sufficient floor space.
3.
The Minister therefore stresses that it is the responsibility of the applicant to include in their prior declaration or application for planning permission all the works they wish to undertake as part of this application, so that the investigating authorities can assess whether they comply with existing planning regulations.
For example, a prior declaration submitted solely for a change of use of an agricultural building cannot be considered as authorisation to carry out works other than those which, on their own, would not require planning permission.
Lastly, it points out that carrying out work without the necessary planning formalities constitutes :
- a criminal offence for which an offence report may be issued (C. urb., art. L. 480-1).
Click here for the full text of the question/answer: https://www.senat.fr/basile/visio.do?id=qSEQ190611144&idtable=q362514&_nu=11144&rch=qs&de=20170322&au=20200322&dp=3+ans&radio=dp&aff=sep&tri=dd&off=0&afd=ppr&afd=ppl&afd=pjl&afd=cvn
https://www.christian-finalteri-avocat.fr/cabinet-avocat-competences/droit-de-lurbanisme/
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