The French Planning Structure

The planning system in France is organised at both a regional and local level. The Mairie should be able to provide you with most of the documents you will need including building permit applications and information on the local planning zone of the property. Note that planning rules can be very localised so don't take it for granted that you will be able to convert or extend a property because some one else close by has done something similar. It may well be that their property is placed in a different planning zone.

The Code de l'Urbanisme

Strictly speaking anyone who wants to construct a building, over 2sq/m to be used as a dwelling or not, whether with foundations or not, should obtain planning permission and there are a number of different permissions available depending on the exact type of work you want to carry out.

The first thing is to make sure that you know what permissions (if any) come with the property you are buying if you want to alter or extend it. It is not a good idea just to take an estate agent or vendors word for it that you will be able to convert or renovate your potential purchase. Unless they are able to produce at least a Certificate d'Urbanisme (outline planning consent) then it should not be automatically assumed that you will be able to carry out the alterations you want.

The Certificat d'Urbanisme - Outline planning/agreement in principle

The application form for a Certificat d'urbanisme can be used in two ways to obtain different types of information:

Informative (certificat d'information général) An informative request simply establishes the existing planning status of a building. For example whether a building is classed as agricultural or as habitation.

Operational (certificat opérationnel) An operational request is a request to carry out work "an operation" on a building for example change a barn into a house.

The Déclaration Préalable - for minor works

This is the form to use for such things as applying for a Velux window or a new door or window opening or for work that only alters the façade of a building and not the volume or structure. Also this is used for any new building that will create between only 2 and 20m² SHOB (surface hors œuvre brut) gross floor area, walls over 2m high and swimming pools less than 1.8 meters deep between 10m² and 100m². This form also includes a demolitions section which avoids the need to submit a separate Permis de démolir (see below).

Loft conversions may require either a Déclaration Préalable or a Permis de Construire depending on the particular circumstances and it is best to ask at your Mairie what permission you would need.

Regardless of the size of the project, there is no legal requirement to employ an architect to submit a Déclaration préalable.

The Permis de construire - Building Permit

Unlessafter the proposed alterations are completed a house has a SHON (net habitable space) of 170 m² or less then the law states that a request for a building permit (Permis de construire) must be carried out by a qualified architect registered in France, who will prepare all the drawings and documentation that is required. The details and registration number of the architect is required together with his/her signature on the application form.

When to use the Permis de construire

1. Use this form for buildings that create over 20m² SHOB gross floor area.
2. Work that modifies a load bearing structure or the building façade eg new openings when also accompanied with a change of use.
3. Work that creates new openings or increases the size of an existing opening in an exterior wall when accompanied with work that also increases the volume of a building.
4. For swimming pools less than 1.8m deep and over 100m² and all swimming pools over 1.8m deep.

The Permis de Démolir - Demolitions Permit

A demolitions permit must be submitted before a building may be demolished. It should be noted that once a building is demolished a new building permit will be required for any new building to be erected in its place. As after the demolition the land will be considered "without construction" if the land is in azone non-constructible even though it held a building before the demolition new permission for a building will not be granted.

Planning Approval

Once complete, if all responses from the parties concerned are favourable and the Mairie is in agreement then permission is granted.

Finally - Some things to be aware of:

a)Purchasing property close to a working farm. It is very difficult to obtain planning consent in order to convert a building for habitable use or extend it if you are within 100m of a farm.

b)If you buy a property that is listed (classé) or that is within 500m of an historic monument your application will need to go before the Architectes des bâtiments de France who may impose special restrictions.

c)In a designated national park area there will also be restrictions on whether and how you can make alterations to your property and these can be very strict.

SPANC(Service Public d'Assainissement Non-Collective)

At the moment the french authorities are trying to bring drainage systems in all departments up to european norms. This means that if you apply for planning permission in an area not on mains drains you will be asked for a certificate of conformity for your septic tank. If you cannot produce this, then as part of your planning application you will need to submit a study for the installation of a new septic tank (Etude de faisabilite de mise en place d'un systeme d'assainissement autonome). So allow for the étude and the installation in your budget.

Two Month Third Party Notice

Once planning approval is received, a notice should be displayed on the property for two months informing third parties of the application. Third parties can then view the dossier at the Mairie and may object to the application. The objection can only be held up if the application is contrary to planning law (it should not be because it will already of had approval by the planning authority). If after the two months nobody has objected then work can start.

Duration of Permission

Usually construction must be started within three years of approval for a Permis de construire or it will be deemed to have expired. There is no time limit on the completion once the work has started.

All of this may sound a bit daunting but if you would like to carry out some external alterations on a property (even just adding a velux window) and if you speak some french then the first step is to ask at your local marie whether there would be a possibility to carry out the alterations you want. They will have a local map showing constructible zones and be able to tell you what the local planning rules are. Alternatively you could contact a local architect who should be prepared to discuss your requirements informally and give some advice free of charge. It is not advisable to just go ahead and carry out external alterations without the correct permissions as although they may be no immediate repercussions problems will certainly arise when you come to sell the property and you don't have the correct paperwork.

My experience is that the french planning authorities are very reasonable to deal with and by following the correct procedures you should be able to enjoy a beautiful permanent or holiday home here in France. So happy house hunting!

Matthew Tucker is Owner and MD of Fabrick 22 Builders Dinan Brittany a local family run company, priding themselves on exceptional standard of work. Their main focus is on the renovation of period properties from Country Farmhouses to the stone bourgeois properties of the towns.

Fabrick 22 are there to help you achieve the dreams you have for your property in Dinan and the surrounding area.

Andrew Allen is a qualified architect (à l'Ordre des Architectes) living and practicing in France. He works closely with Fabrick 22 to help bring their clients the best possible architectural service available in Brittany.

Related articles

• Why You Need To Get Your Planning Permission Authorised Before Starting Your Building Work
• Basement Finishing Wall Partitions Similar to Owens Corning System
• 4 Things to Remember When Finding Help for Truck Loading and Cross States Moving Labor
• Discovering The Investment Possibilities Of Professional Interstate And International Removals
• Planning to Emigrate? Then Get the Best Exchange Rates With These Useful Tips