Operational planning certificate
Lawyer in Bastia, Lawyer in Corsica, Lawyer in Bastia in town planning
Le town planning certificate (CU) is an information document.
Unlike a prior declaration, building permit, demolition permit or planning permission, it is not an authorisation.
There are 2 types of planning certificate:
-. The information certificate (CUa),
-. The operational certificate (CUb).
This article explains what an operational planning certificate is.
The purpose of the operational planning certificate
First of all, you should know that applying for a planning certificate is optional: you are not obliged to take this step.
However, it is a step that we strongly recommend if you are considering buying a property or if you decide to carry out work on your plot.
The certificate tells you whether or not your project is feasible. It also tells you about the state of existing or planned public facilities (roads and networks). It is valid for 18 months from the date of issue (Article R*410-18 of the French Town Planning Code).
To sum up, the operational planning certificate gives you information on :
-planning regulations applicable to your plot,
-Administrative restrictions on property rights (public utility easements, historic monument perimeter),
-Planning taxes and charges,
Location in an area subject to pre-emption rights (priority for the municipality to acquire the property),
-Location on a listed former industrial site.
This document also guarantees the stability of the information it provides. In other words, it "freezes" the rules and tax rates applicable to your plot for 18 months from the date of issue. This makes your project more secure if you do not carry it out immediately.
Furthermore, if the right of pre-emption is introduced after the certificate has been issued, it cannot be exercised during the entire period of validity of the certificate.
And finally: " the certificate must specify whether a decision, known as a deferment of action, could be applied to a prior declaration or an application for planning permission. It then indicates the circumstances that would allow a decision to be taken to postpone the decision. "
What you also need to know:
The planning certificate may be requested by the owner of the plot but also by any other person interested in the land in question. When the authorities issue a certificate to a third party, the owner is not notified.