The building permit : the steps to take

Since January 1, 2022, it is possible to submit an application for planning permission (prior declaration, building permit, etc.) electronically https://www.service-public.fr/particuliers/vosdroits/R52221

On the other hand, the dematerialized instruction of the request only concerns municipalities with more than 3,500 inhabitants (article L.423-3 of the town planning code).

What is a building permit for?

The building permit is a mandatory planning permission.
The building permit allows to build any new construction which is not exempted from formality, or which is not subject to a prior declaration (such as a detached house, the construction of a swimming pool, certain buildings independent of the home, etc.). It also allows work to be carried out on existing constructions (art. R. 421-13 C. urb.), or developments, the list of which is set by the town planning code (art. R. 421-14 to R. 421-16 C. urb.).

Many town planning rules must be observed. For example, the construction of collective residential buildings must comply with accessibility standards for people with disabilities. (Articles R162-1 to R162-4 of the Construction and Housing Code). On the other hand, the construction of a detached house for residential use is not subject to these regulations. Do not hesitate to consult an architect to find out if your project can be carried out or not.

Calling upon an architect

Using an architect is mandatory for a construction project if the floor area exceeds 150 m2. The use of an architect is also necessary for all expansion projects subject to building permits for a floor area or footprint of the existing construction of more than 150 m2 (article R 431-2 C.urb). 

Exception: note that when the construction is located in an urban area of a municipality covered by a PLU or by a POS, a building permit is only necessary if the work: - adds a floor area or a footprint greater than 40 m2

• or if they add between 20 and 40 m2 of floor area or footprint and have the effect of increasing the total construction area beyond 150 m2.

Building permit: what are the procedures and deadlines?

The application for a building permit must be made using:

• Cerfa No. 13406 for a detached house, No. 13409 for a construction other than a detached house or work on an existing construction.
• a teleservice.

The application for a building permit sent to the town hall by the owner of the land or the person authorized to carry out the work or, in the case of joint ownership, by one or more co-divisors must include certain documents (articles R 431-5 to R 431 -12.C.urb.):

• the cerfa form,
• the declaration of the elements necessary for the calculation of the taxes,
• the list of attachments,
• the location plan,
• the ground plan,
• the sectional plan of the land,
• the notice,
• the plan of the facades and roofs,
• the graphic document,
• photos to situate the land in its near and distant environment.

In mainland France, the application for a building permit must also include a certificate of consideration of the thermal regulations when it is required pursuant to article R. 122-24-1 of the building code and the dwelling.
The town hall issues a receipt after receiving the permit application. In the event of an incomplete file, the latter has one month to claim the missing documents from you.
The processing time for the permit application file is 2 months for a house and its annexes and 3 months for other applications.

Building permit and decision of the town hall

The building permit is issued by the mayor in the name of the municipality or in the name of the State, depending on whether or not there is a local urban plan.
The decision of acceptance or refusal of the request for a permit from the town hall is taken in the form of an order.
The refusal must be reasoned and based on the project's non-compliance with town planning rules. It is possible to challenge it within 2 months.
In the absence of an express decision, at the end of the instruction period, the applicant becomes the holder of a tacit building permit and the work may be undertaken in accordance with the project submitted (art. L424-2 and R424-1 C. urb.), except for the cases listed in article R. 424-2 of the Town Planning Code.

At the end of the examination period, the competent authority may grant the permit, possibly accompanied by special prescriptions, refuse it, or suspend the proceedings.
The building permit is granted if the works of the construction project comply with the planning rules of the town hall. The posting of the building permit on the ground is obligatory. The display must be visible from the street for the duration of the work and include mandatory information allowing the situation to be assessed:

• the name of the beneficiary of the permit (the company name or corporate name for a company),
• the name of the architect author of the project,
• the date of issue of the permit and its number,
• the nature of the project and the area of the land,
• the address of the town hall where the file can be consulted,
• the legal notices of the remedies...

Within eight days of its express or tacit delivery, an extract of the permit is published by posting at the town hall for two months. The absence of posting does not make the authorization illegal but allows a contentious appeal during the duration of the works and up to 6 months after their completion.
 

The third-parties can consult the file at the town hall and contest it through an informal appeal.

Once the work has been completed, the holder of this permit must file a declaration attesting to the completion and conformity of the work, signed by him or by the architect. It is sent by registered letter with request for acknowledgment of receipt by post to the mayor of the municipality or deposited against discharge at the town hall. It can also be sent electronically (art. R. 474-1 C. urb). The administration has a period of three months to check the works (this period can be extended to 5 months in certain sectors or for certain buildings).

As the building permit is, with some exceptions, not issued according to the person applying for it but according to the characteristics of the land, it can be transferred. On the other hand, a permit issued to a farmer for the needs of his operation, and therefore granted in consideration of the person of the beneficiary, can only be transferred to another farmer.
 

Good to note

The consequences of a lack of a building permit or of an irregularity are so serious (which may go as far as the obligation to destroy a building), that the role of the notary when signing an action is fundamental. Only the latter, under his responsibility, will have the obligation to verify not only the existence of the building permit but also its validity, at least formally. He will question the seller and ask him for all the parts that he will check to make sure. At the slightest anomaly, he will inform the parties and invite them to proceed to a regularization.

The validity period of the building permit

The period of validity of the permit is 3 years. It expires if the work has not begun within 3 years or if, after this period, the work is interrupted for more than a year.
This three-year period may, however, be extended twice for a period of one year. The request for extension must be sent to the town hall 2 months before the expiry of the permit.