5. Do I Need Planning Permission?

1. 5.1. Planning Permission or Works Declaration?
2. 5.2. Specific Works
3. 5.3. Penalties

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5.1. Planning Permission or Works Declaration?

Planning consent in France is referred to as a permis de construire.

As a general rule, an application for planning consent is required for all new buildings, and works to existing buildings where the works either increase the external surface area, or create new surface levels.

There are certain works that do not require planning consent, but may require submission of a works declaration (déclaration de travaux), a process which is considered in more detail later.

A summary of the basic relationship between a permis de construire and a déclaration de travaux is set out in the following table. The thresholds are those relating to the external surface area of the construction, not the net habitable/usable space.


Planning Application or Works Declaration?

Works	Permis	Déclaration
New or extension < 2m²	No	No
New or extension > 2m² but < 20m²	No	Yes
New or extension > 20m²	Yes	No

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5.2. Specific Works

In relation to specific works, the rules are as follows:

i. Internal Works

Works to the interior of the property do not require authorisation of any kind, unless the property is a listed building.

ii. Attic Conversions

The rules that apply depend on the circumstances, not always capable of easy interpretation.

No authorisation of any kind is required, provided you have existing floorboards, that you are not creating any new openings, and the new surface area is no greater than 10m². Areas less than 1.80m in height are not considered part of the habitable surface area.

If you have existing floorboards, but the new habitable space is greater than 10m² (but less than 20m²) and/or you are proposing to create new openings in the roofspace, then a works declaration is required.

If you do not have existing floorboards, then you are creating a new surface level. If the surface area is greater than 20m² it requires planning permission. Below this figure, then a works declaration only is required.

You will also need to make a planning application if you are increasing the height of the external wall in order to create a window opening.

iii. New Openings

If you are seeking to create a new opening in an existing dwelling then you need only submit a works declaration, provided you are not increasing the height of the external wall, in which case a planning application is required. If your property is close to a neighbouring property there are also laws which govern the right to create openings, in order to control overlooking. These rules are called les règles de servitudes de jours et de vue.

iv. Change of Use

If you are proposing to change the use of an existing building (say from barn to house), it would be unlikely that you could get away without having to submit a planning application. It will depend in the first place on the local planning regulations. If, under the local plan, conversion is permitted, then a planning application would only be required if you were proposing to undertake alterations of a structural nature, or to alter the external facade of the building. Otherwise, you need only submit a works declaration.

v. Garage/Outbuilding

A planning application is required if the external surface area is greater than 20m²; otherwise a works declaration is all that is necessary.

vi. Septic Tank

Control procedures concerning individual sewage systems do vary between local planning authorities as national guidelines are imprecise, both in terms of planning regulations and the technical specification.

Neither do all rural authorities have the resources to regulate properly the installation and operation of septic tank systems.

On its own, the installation of a septic tank on a renovation project does not require either planning consent, or a works declaration, but is subject to separate approval. A fee of up to around €200 is often payable as part of this approval process.

Local councils have responsibility for controlling individual sewage systems, so you will need to make an application to the local mairie or an inter-communal structure called the Service Public de l´Assainissement Non Collectif (SPANC) using a form, generally known as a Demande d'Installation d'un Dispositif d'Assainissement Automne (DIDAA).

If you are installing a septic tank as part of a works requiring planning consent, then the septic tank is normally considered as part of the planning application. Some authorities request the submission of a distinct DIDDA application attached to the planning application, whilst others seem willing to allow it to be included on the planning application itself.

Most will insist on a soil test being undertaken, and the site may also be subject to prior and post work inspection.

Visit your local mairie and clarify with them just how they want you to play it.

vii. External Rendering

If you are proposing to apply a new render to the external walls, then you need to submit a works declaration.

viii. Solar Panels

The installation of solar panels on the roof of a property requires a works declaration as it changes the external appearance of the property.

ix. External Swimming Pool

If the pool exceeds 10m² then a works declaration is required. If the pool has a cover above ground that exceeds 1.80m in height, then a planning application is required. Inflatable pools above ground do not need any consent, unless they are greater than 10m², in which case a works declaration is required.

x. Caravan/Mobile Home

If you wish to place a caravan/mobile home in the grounds of the property whilst you undertake renovation works, then you are likely to need planning consent, as the planning authority may well deem it to be a permanent structure. Much will depend on the duration of the works and the sensitivity of the site. If the mairie deem no planning consent is required, you would be wise to get written dispensation. A caravan parked in the grounds only for occasional holiday use needs no consent of any kind.

xi. Boundary Walls/Fences

The local council have discretion to decide whether they wish to adopt a control procedure. If they have not done so then, provided the new wall/fence is under 2 metres in height, no procedure is required. Above 2 metres in height then a works declaration is normally required.

xii. Leisure/Camping/Caravan Sites

If you wish to establish a camping site or leisure facility, then you will need to submit a rather particular type of planning application called a Permis d'Aménager .

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5.3. Penalties

It is a criminal offence to undertake works requiring planning permisssion without getting prior consent.

The penalty is a fine of up to a maximum of €300,000 and two years in prison.

In practice, these maximum penalities are rarely applied, and the authorities will almost always ask that you simply regularise the situation with a planning application. However, this assumes that you are going to be successful, so we do not recommend you chance it!

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Next: Making a Planning Application