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Transfer of a French Planning Consent

Is it possible to transfer a planning consent on land and property in France?

It is not unusual in property transactions that a prospective new owner wishes to benefit from a planning consent obtained by the existing owner, whether in relation to an existing construction or a parcel of land.

As planning consents in France are not granted in the name of the applicant, but in relation to a specific plot of land or property, and for a specific project, the transfer of a permis de construire poses no great problem, subject to following due procedure.

In order for such a transfer to be accepted without question it is necessary the planning consent is definitive and that it remains valid.

This implies that the three month period for the right recall (délai de recours) has expired, and that the consent was granted within the last two years.

Similarly, if the building works have started, but have been halted for at least a year, in theory it is not possible to transfer the consent, as the consent no longer remains valid. However, it will depend on the stance taken by the local planning authority, and the particular circumstances of the case, eg duration works have been halted.

It is also possible to transfer part of a planning consent. Thus, in the case of consent for two apartments within a dwelling, or two dwellings on a plot of land, it is possible to divide the planning consent into two parts.

Procedure

In order to make a transfer you need to complete a 'Demande de transfert de permis délivré en cours de validité'.

The application is made by the person or their representative who will become the recipient of the consent, although the existing holder grants their consent to the transfer by way of their signature on the form.

No fee is payable.

If the planning consent is for the construction of a new house the planning authority has two months to consider the application. They have three months for other works.

If the council does not reply within this timescale, then the consent is deemed to have been granted tacitly.

Once consent is obtained, the recipient is obliged to place a notice on the land, in the same manner as the original applicant.

The duration of the validity of the planning consent remains unchanged, as do the conditions of the consent.

It is not possible to transfer a work declaration (déclaration préalable), an authorisation which is granted for minor building works that do not require full planning consent.

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This article was featured in our Newsletter dated 08/04/2014





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