Prior declaration

Depending on the scale of the work you intend to carry out, you will need to obtain planning permission, submit a works declaration or be legally exempt from any authorisation. The simplified declaration of works regime covers work of lesser importance in terms of volume or nature that the law has excluded from the scope of planning permission. In short, the declaration of works is a kind of light permit which means that the owner will not be hampered by cumbersome and time-consuming procedures. Here's our advice on how to make your works declaration more secure, so that your projects are a success.

With or without a works declaration

That said, some works may be carried out without prior authorisation. The works listed in article R 421-2 of the town planning code are excluded from the scope of the works declaration and are exempt from any formality due to their nature or their very small scale, except when they are located in a protected area or in a classified site or a site in the process of being classified. Examples of projects that do not require a works declaration and can therefore be carried out freely include swimming pools with a surface area of less than ten square metres, single-storey terraces and wind turbines less than twelve metres high. For all other works, you will need to submit a works declaration or, if the work is more extensive, obtain planning permission.

You will need to submit a works declaration for any of the projects listed in article R 421-9 of the French Planning Code, including the construction of premises with a floor area of less than or equal to 20 square metres on land where a building already exists. For example, you may want to close off your terrace to turn it into a conservatory, create a room at the bottom of the garden or extend your property. Declarations of works are also required for the restoration of existing buildings, for swimming pools with a surface area of one hundred square metres or less that are not covered or whose cover, whether fixed or mobile, is less than one metre eighty centimetres above ground level, and for walls two metres or more high. However, local planning regulations may be more restrictive, and may even prohibit the construction of boundary walls in whole or in part, authorising only wire fencing. And don't forget that on some housing estates, only planted fences are permitted, such as cedar and other greenery not exceeding a certain height.

The change of use of a property, such as converting a garage into a living room, also requires a works declaration. Unless the proposed alterations change the load-bearing structures or the façade, in which case planning permission will be required.

A declaration of works in due form

The official name for the declaration of works is déclaration préalable de travaux (preliminary declaration of works), to make it clear that it must be submitted before the work to be carried out begins. The declaration of works must be drawn up on form CERFA 13404. In addition to this general and comprehensive form, which can be used in all cases, there are two simplified forms, one for subdivisions not subject to planning permission (CERFA 13702) and the other for work not subject to planning permission on a detached house and/or its annexes (CERFA 13703).

The declaration of work form, together with the required supporting documents, must be submitted or sent by recorded delivery with acknowledgement of receipt to the town hall of the place where the dwelling is located.

The examination of your declaration of works, known as the instruction period in the jargon, is set at one month, from date to date: for example, a declaration of works submitted or sent by recorded delivery with acknowledgement of receipt on 14 February will be examined by 14 March at the latest.

No news, good news. If you do not receive a reply from the authorities within one month of the date on which the works declaration was sent or submitted, the authorities' silence will be deemed to constitute tacit authorisation, and you can then start work.

This tacit agreement is legally speaking an (administrative) decision not to oppose works or developments. Under the terms of article L424-5 of the town planning code, the decision not to oppose your declaration of works can only be withdrawn if it is illegal. This means that the authorisation was obtained by fraud.

In any event, the decision not to grant planning permission may only be withdrawn (cancelled) by the planning authority within a maximum period of three months. Once this period has elapsed, tacit authorisation can no longer be challenged for any reason whatsoever.

Don't forget that, for the duration of the works, you must display the document entitled récépissé de dépôt d'une déclaration préalable (receipt for filing a prior declaration) bearing the town hall's stamp certifying the date on which the declaration of works was filed.

Please note that the billboard displayed on your property must contain specific information set out in a decree. In practice, you can buy a notice board that complies with the regulations from DIY superstores.

You have submitted your declaration of works but, before the end of the one-month period, the authorities send you a letter (or an e-mail if you have accepted this method of communication) requesting additional supporting documents or clarification.

The one-month investigation period is therefore extended.

Your declaration of works may also result in an explicit refusal of the planning permission you applied for. In this case, you will receive a refusal order by recorded delivery with acknowledgement of receipt, stating the reasons for the refusal, so that you can lodge an appeal.

A declaration of works does not exempt you from applying for authorisations provided for in legislation other than the town planning code. For example, in the case of condominiums, certain alterations require the agreement of the general meeting, and special authorisation is required from the town hall to convert a dwelling into commercial or business premises.