The amending building permit
After having obtained your building permit, you need or wish to change your project (unplanned work, adjustments required by the construction site…). Are all modifications possible? Is it necessary to submit a complete application file? Does the amending building permit have an effect on the possibilities of recourse of the neighbors?
What are the conditions to be met to obtain an amending building permit?
Three conditions must be met:
- The building permit must be valid. The building permit must be valid. Remember that the building permit is in principle valid for a period of three years from the date of its issue.
- The construction that the initial permit authorizes must not be completed.
- The planned amendments must not bring to the project “such an upheaval that it would change its very nature”.
This last condition is understood in a rather flexible way and authorizes relatively important modifications to the project.
For example, an amending building permit may be required for the joining of two buildings into a single construction, the raising of a part of the first floor construction, the addition of a terrace of a few square meters, the modification of openings or the covering of an open terrace.
On the other hand, a simple amending building permit cannot be granted for a request aiming at a net increase of the floor area or a change of destination of the building.
How to apply for an amending building permit?
The application for an amending building permit does not require a new application for a building permit.
You just need to fill in a specific CERFA form.
In practice, it is generally relevant to provide a notice or a document clearly explaining the envisaged modifications.
The application for an amending building permit is submitted to the town hall and follows the same process as the initial building permit application (instruction period, request for additional documents, etc.).
What are the effects of the delivery of the amending building permit ?
Like the initial permit, the amending building permit must be posted on the site of the project, which must remain posted for the duration of the work.
This posting will reopen a new appeal period for third parties.
However, don’t panic: neighbors who would not have contested the initial building permit cannot do so when the amending permit is issued. Indeed, the object of their contestations will be limited to the authorized modifications.
Our lawyers are available to answer all your questions and to advise you. Our meetings can be held in person or by video call. You can make an appointment directly online at www.agn-avocats.com.
AGN AVOCATS – Real Estate Law
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