How to obtain planning permission
Lawyer Bastia - Lawyer Corsica - Law firm in Bastia - Real estate law - Town planning law
Are you planning to have work carried out but don't know what steps to take?
Extending your house or changing your windows do not require the same formalities. That's why it's important to find out exactly what you need to do. town planning regulations in force, so you can build with peace of mind.
Depending on the extent of the work carried out, there are three different situations.
Work exempt from authorisation
In some situations, no administrative formalities are necessary:
-New buildings or extensions with a height of less than 12 metres and a surface area not exceeding 5 m2 ;
-Ordinary maintenance and repairs (replacement of gutters, roof tiles, etc.);
-restoration work, unless your local authority has decided to make the work subject to prior declaration ;
-conversion of attic space of less than 5 m2 and/or height less than 1.80 m. No change to the external appearance of the building;
-level terraces ;
-Swimming pools with a surface area of less than 10 m² ;
-Walls less than 2 metres high, unless otherwise stipulated in your local planning document;
-fences, unless your local authority has decided to make them subject to prior declaration;
-Wind turbines less than 12 metres in height.
Special rules apply in protected areas, classified sites and housing estates.
Prior declaration (Steps to obtain planning permission) :
Some minor works do not require planning permission. However, they do require a prior declaration. These may include
-any new construction involving the creation of a surface area of between 5 and 20 m2 and less than 12 metres high;
-extensions to an existing building with a surface area of between 5 and 20 m2 (40 m2 if the work is carried out in the urban area of a municipality with a PLU(i)).
-Walls higher than 2 metres above the ground;
-uncovered swimming pools with a surface area of between 10 and 100 m2 or with a roof greater than 1.80 m ;
-Work that alters the external appearance of the building (creation of an opening, replacement of a door or window with another model, etc.).
-restoration work where the municipality has decided to make this subject to prior declaration.
Example : Does the construction of a garage as an extension to your detached house require prior planning permission?
For a garage with a surface area of less than 20 m2If your municipality does not have a PLU(i), you will need to submit a prior declaration.
For a garage with a surface area of less than 40 m2A prior declaration will also be required if the building is located in an urban area of your municipality that has a plu(i).
Planning permission
Some of the larger construction projects involve a planning permission. These cases may include :
-building a house ;
-extensions of more than 20 m2 surface area (40 m² if the building is located in an urban area of a municipality covered by a PLU(i)). Work that increases the total surface area of the building by more than 150 m2 nevertheless involve the use of an architect ;
-Garden sheds with a surface area of more than 20 m2 ;
-Terraces requiring an elevation with a footprint of more than 20 m2Covered terraces (canopies or roofs) creating a footprint of more than 20 m2 as well as terraces on balconies;
Work involving alterations to the load-bearing structure or facade when accompanied by a change of use.
If, in the case of an extension, the total floor area of your detached house exceeds 150 m2You need to apply for planning permission and consult an architect.
If you are building your home on an allotment that has been granted planning permission, you will still need planning permission if the application states that the land is the result of a division. Planning permission can be issued :
-from completion of the development work on the allotment ;
-or from the date of authorisation to proceed with the sale or rental of the lots before completion of the works;
-or as soon as the planning permission is issued, subject to deferred implementation.
If you are located in a protected area or a listed site or a site in the process of being listed: specific rules apply (for more information, contact your local town planning department).
Special case of demolition permits
A demolition permit is required for buildings located in protected areas (the perimeter of an outstanding heritage site, the area surrounding historic monuments, a listed/classified site or a site in the process of being listed) or if the municipality has decided to introduce such a permit for all or part of its territory. However, demolition permits are not required for buildings threatened with ruin or for unfit buildings.
Applications for a demolition permit must be made using the cerfa form no. 13405*06.
If your building project involves demolition, you can apply for planning permission for both the construction or conversion of the new building and the demolition. The form to be completed will therefore be the same as for planning permission.
Special case of change of use (Procedures for obtaining planning permission)
There are five categories of premises use: residential, commercial and service activities, community facilities and public services, farming and forestry, and other activities in the secondary or tertiary sectors.
A change of use occurs when the purpose of a property is changed. An example of this would be converting a shop into accommodation.
If the work alters the load-bearing structures or the external facade of the building, planning permission is required. If this is not the case, a prior declaration will suffice.
Within these five destinations, there are sub-destinations. For example, the residential use includes two sub-uses, housing and accommodation. A change of sub-destination within the same destination is not subject to the following conditions planning permission.
Example If a garage is converted into a bedroom, there is no change of use. However, planning permission will be required, as converting this room involves altering the external appearance of the garage by changing the door and creating floor space.
Coordination of town planning procedures with environmental authorisations (procedures for obtaining planning permission)
Since 1er On 1 March 2017, a single environmental authorisation procedure was created for projects subject to :
-regulations governing facilities classified for environmental protection (ICPE)
-and water law authorisation (IOTA).
An application for environmental authorisation, grouped together in a single file, is subject to an overall examination and a single public enquiry. At the end of the investigation, the Prefect of the département issues the environmental authorisation by prefectoral decree.
This means that you can apply for planning permission and obtain authorisation before the environmental permit is issued. Work cannot begin until the environmental permit has been issued. In the case of a demolition permitsAs a result, the work may be carried out before the environmental permit is issued, provided that the demolition does not adversely affect the interests that the permit is intended to protect.
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