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https://www.agn-avocats.com/blog/real-estate/urban-planning/building-permits-for-which-projects/
Construction planning drawings

Building permits: for which projects?

I want to build a shed to park my bikes and car. Do I need permission? Do I need a building permit for a house extension? Creating a veranda? Creating a garage? Which formality for which project?

All these questions concern the scope of the obligation to apply for a building permit.

Here are the details.

What kind of work requires a building permit?

Generally speaking, all large-scale works require a building permit. Whether or not a project qualifies as “large-scale” depends on the nature of the work and the newly created floor area.

1. What type of work is involved?

New construction

New constructions are those independent of any existing building. This includes single-family homes and/or their annexes.

The following works may be considered as new constructions, whether or not they involve demolition:

  • Construction of a single-family home or its annexes
  • Extension of a single-family home or its annexes
  • Conversion of all or part of an existing building for residential use.

These works must be preceded by the issue of a building permit, with the exception of :

  • Work exempt from all formalities, such as the construction of a swimming pool of less than 10 m² (see our article on the subject) or garden sheds of less than 5 m².
  • And those requiring a prior declaration.

Work on an existing building

Work on an existing building involves any work other than the construction of a single-family home and/or its annexes.

The following may be considered as work on an existing building, with or without demolition:

  • Development (housing estate, campsite, parking area, etc.)
  • Work on an existing building

The rules differ depending on whether or not your project is located in the urban zone of a commune with a local urban development plan (PLU).

To find out, contact your local town hall.

In the urban zones of a commune with a PLU :

The Plan Local d’Urbanisme (PLU) is the local reference document for all matters relating to urban extension or regulations applicable to isolated or grouped housing.

It defines the rules applicable to each plot of land, as well as the general guidelines for development, equipment and urban planning, while integrating development and renewable energy objectives within its territorial scope (communal, inter-communal).

If your project is to be carried out in an area with a PLU, you must apply for a building permit if your work :

  • add a floor area or footprint greater than 40 m², or
  • add between 20 and 40 m² of floor area or footprint and bring the total surface area or footprint of the building above 150 m².

In all cases, the use of an architect is compulsory to carry out the project covered by the building permit.

In other cases :

If your project is to be carried out in an area without a PLU, you must apply for a building permit if your work :

  • add a floor area or footprint greater than 20 m², or
  • modify the load-bearing structures or facade, and involve a change of use (e.g. from commercial to residential) or sub-use (e.g. from residential to lodging)
  • involve a building listed as a historic monument or located in a protected area.

In all cases, the use of an architect is compulsory to carry out the project covered by the building permit.

2. Special case of garden sheds

General case

Please note: whatever you do, you should also consult the Plan Local d’Urbanisme (PLU) or any local planning regulations for information on how the shed can be set up on the plot, what building materials can be used…

To help you

Calculating the floor area of a building

The floor area of a building is equal to the sum of the floor areas of each enclosed and covered level, calculated from the inner surface of the facades after deduction of a certain number of specific areas. The thickness of walls surrounding door and window openings is not taken into account.

Do you have further questions about building permits? Would you like advice on completing your new project?

Contact us and a lawyer from the AGN Avocats network will be happy to help!

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