5. Do I Need Planning Permission in France?

1. 5.1. Planning Permission or Works Declaration?
2. 5.2. Works to Main Property
3. 5.3. New/External Building Works

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, called a déclaration préalable, a process that is considered in more detail later.

A summary of the basic relationship between a permis de construire and a déclaration préalable 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.

In addition, where a plot of land is being divided up for one or more new dwellings then you need to submit either a déclaration préalable, or a special type of application, called a permis d'aménager.

The circumstances when either are required are not always clear cut, and a discussion with the planning authority will be necessary in order to get it right.

Broadly speaking, déclaration préalable is required where there are four or more dwellings being created, not within a protected area, and where no new road access or communal space is being created.

A permis d'aménager will be required where two or more dwellings are being proposed, where road access or communal spaces are being created, or the development is within a protected area.

Once approved, it is then necessary to submit a formal planning application. This is a tricky area and, in marginal cases, local councils and officials interprete the rules in different ways, with many requiring that infrastructure works for a new development is completed before the planning application for the dwellings themselves is considered!

If you live within a lotissement there will also be rules (le cahier des charges) that apply. You need to have regard to these rules in making your planning application.

In preparing a local plan, the planning authority should also have regard to these rules, but they are not obliged to do so. Accordingly, it is possible for someone to receive planning consent for a project that is contrary to the cahier des charges. In these circumstances the syndicat and/or residents would need to bring a legal action for breach of the rules.

There are particular rules for agricultural and commercial/industrial buildings that we do not consider in these notes.

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!