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
4. 5.4. Creating Openings in Buildings

5.1. Planning Permission or Works Declaration?

As a general rule, formal authorisation is required for all new construction works, and works to existing buildings where the works either increase the external surface area, or create new surface levels.

Consent is also required for certain alterations and change of use.

The authorisation may require submission of either a planning application or a works declaration.

• A planning application is referred to as a Demande de permis de construire.
• The works declaration application is called a Demande de déclaration préalable.

A summary of the basic relationship between a permis de construire and a déclaration préalable for new constructions and extentions is set out in the following table.

The table is only a summary and should be read in conjunction with our other pages on alterations to an existing building and to change of use.

As can be seen, there is greater discretion to build an extension to an existing property, than is the case for a separate new building, but only provided the property is located in an area which has a local plan and where the area in the plan is zoned for construction.

The definition of a 'local plan' excludes a Carte Communale, which are the plans generally used in rural areas.

What this means, therefore, is that in most rural areas any extension greater than 20m² requires a planning permission, unless there is a formal local plan (either Plan d’Occupation des Sols (POS) or Plan Local d’Urbanisme (PLU)) in place.

You would need to make specific enquiries of your local planning authority.

In addition, if you live in a conservation area or a listed building particular rules apply so in all cases you need to consult with your local mairie or préfecture.

In practice, whether a planning application or a works declaration, there is still a fair bit of documentation that has to be submitted to the planning authority.

The thresholds used in the table are those relating to the habitable surface floor area - 'surface de plancher' - of the property.

We could spend a whole section explaining this term but in summary it is defined in French law as:

Where a plot of land is being divided up for one or more new dwellings then a discussion with the planning authority will be necessary as particular rules apply. These rules have been made clearer with changes in planning regulations introduced in March 2012, but the issue still necessitates a discussion with the planners.

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 lotissement 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!