Planning Process

Brittany Plans

House Building Permit

Building Permit Building a single-family home is an exciting job, but it demands extensive knowledge of permits and administrative procedures. In this post, we will walk you through the procedure, describing in detail the administrative process, the types of authorization (construction permit or declaration of works), This is a legal permission granted by municipal authorities to carry out construction projects, primarily individual residences. This document is required to ensure that your building project is compliant with current legislation and standards. the methods for creating the file, and much more. You’ll also find useful recommendations for avoiding common blunders.

Administrative Procedures for House Construction.

Building a single-family home is a complex process that demands meticulous planning. Here are the primary stages of the administrative process:

Land Selection: The first step is to select suitable land. You must determine the feasibility of building on this property in accordance with local planning requirements.
Design: You will collaborate with an architect to create plans for your home. These strategies will be critical to gaining the required approvals.
Authorization: Determine if you need a building permit or a declaration of works. This will be determined by the size of your project and the local rules.
Submission of the File: Once the plans are finalized, you will create a file including the documents required by the regulations. This file will be submitted to the town hall.
Instruction: The town hall will examine your file and check whether it is complete. If information is missing, she will ask you for additional information.
Deadlines: Instruction times vary depending on the type of authorization and the complexity of your project. Be prepared to wait.
Decision: Once the investigation is completed, the town hall will make its decision. If your application is approved, you will receive authorization to begin work.

Works: You can then begin construction work on your house.2. Design: Consult with an architect to create plans for your home. These plans will be critical for gaining the relevant authorization.

Authorization: Determine if you require a building permit or a simple statement of works. This will be determined by the size of your project and the applicable municipal rules. Submission of the File: Once the plans are finalized, you will create a file including the documents required by the regulations. This file will be submitted to the town hall.

Instruction: The town hall will examine your file and check whether it is complete. If information is missing, she will ask you for additional information.

Deadlines: Instruction times vary depending on the type of authorization and the complexity of your project. Be prepared to wait.

Decision: Once the investigation is completed, the town hall will make its decision. If your application is approved, you will receive authorization to begin work.

Works: You can then begin construction work on your house.

Reception: At the end of the work, an inspection will be carried out to verify that the construction complies with the permit granted.

Conclusion: Once everything is in order, you can move into your new home.

Key Stakeholders for a house building permit

In this section, we will explore the essential professionals and stakeholders who play a crucial role when obtaining a building permit for a detached house in France. Here are the professionals you should know:

The Architect: An architect is often a central player in the design and construction process. He will help you design your house according to your needs, while respecting current construction standards. The architect can also prepare the plans and documents necessary for your building permit file.
The Thermal Design Office: To guarantee the energy efficiency of your home, a thermal design office may be required. It will assess the energy performance of your project and ensure that it meets current standards, such as RT 2020.
The Surveyor-Expert: An expert surveyor is responsible for the precise delimitation of your land and the carrying out of topographical surveys if necessary. Its measurements are essential for the design of your house and compliance with town planning rules.
The Builder or Contractor: If you use a construction company, they will be responsible for implementing your project. It must also ensure that the construction complies with the building permit issued.
The Town Planner: The town planning services of your municipality play an important role in examining your file. They ensure that your project complies with the local town planning plan and local regulations.
The CAUE (Architecture, Town Planning and Environment Council): The CAUE are organizations which provide free advice on architecture, town planning and the environment. They can be a valuable resource for technical and aesthetic advice.
The Notary: If your construction project includes the purchase of land, a notary will be involved in the land transaction. He will ensure that all legal formalities related to ownership of the land are respected.
The Construction Insurer: It is essential to take out construction insurance to cover the risks linked to your project. The construction insurer guarantees ten-year liability, which covers serious damage occurring within 10 years following construction.

Types of Authorization: Building Permit, Signature of the Architect and RT 2020

When planning the construction of a detached house in France, it is essential to understand the relationship between the building permit, the architect ‘s signature and the standards of RT 2020 (Thermal Regulation 2020). This section will shed light on these key aspects to ensure the compliance of your project.

Building Permit:

The building permit is an essential government authorization for the construction of any individual house in France. Here is how it relates to the architect ‘s signature and RT 2020:

Obtaining a Building Permit: Before starting construction, you must obtain a building permit from your town hall. This permit is issued on the basis of plans and technical documents submitted in an application file.
Obligation to Call on an Architect: The law requires that construction projects for individual houses with a floor area greater than 150 square meters must involve an architect. The architect is responsible for designing the plans and supervising the construction in accordance with regulations.
Role of the Architect: The architect plays a vital role in the design of your home, ensuring that it meets quality, safety and planning standards. They will also ensure the application of the principles of RT 2020 for energy efficiency.

RT 2020 – Thermal Regulations 2020:

RT 2020 is a regulation which aims to improve the energy performance of buildings in France. Here’s how it fits into the construction process:

Compliance with RT 2020: All new construction, including individual houses, must comply with RT 2020. This means that it must be designed to be energy efficient, using renewable energy sources, effectively insulating and minimizing greenhouse gas emissions.
Responsibility of the Architect: The architect plays a central role in the design of a house compliant with RT 2020. They will plan the energy efficiency of the house, including insulation, heating and ventilation, to meet to strict regulatory standards.
Energy Certification: After construction, a certified organization will carry out a test to assess the energy performance of the house and verify its compliance with RT 2020.

Steps to follow to build a house:

The steps to obtaining your building permit may seem complex, but they are crucial to ensuring that your project goes smoothly. Here is what you will need to do:

Determine Your Project: Clarify your construction needs and objectives.
Choose Your Stakeholders: Select an architect and other professionals if necessary.
Find out about Local Regulations: Familiarize yourself with the planning regulations of your municipality.
Design Your Project: Work with an architect to create plans that comply with regulations.
Gather Required Documents: Prepare all necessary documents, including plans and administrative forms.
Submit Your File: Submit your complete file to the town hall.
Wait for the Instruction: The town hall will examine your file and ask you for additional information if necessary.
Obtain Authorization: Once your application is accepted, you will receive building authorization.
Start the Work: You can now start building your house.
Finalize the Project: After completion of the work, ensure that everything complies with the permit granted.

This process is essential, but it ensures that your single-family home construction project is carried out in accordance with the law and regulations. However, there are some nuances to consider.

Complete composition of the permit file:

Now that you understand the general steps of the administrative process for obtaining a building permit, let’s dive into the details of composing the file. Gathering all the necessary documents is an essential step in ensuring that your application is processed quickly and efficiently. Here are the key elements you must include in your complete file:

The Application Form: The starting point for your file is the building permit application form. It must be duly completed, dated and signed. You can obtain this form from your town hall or download it from the official website.
The Location Plan: This cartographic document indicates the exact location of your land in relation to surrounding elements, such as streets, neighbouring buildings, and public facilities. You can obtain this plan from a surveyor.
The Ground Plan: t shows the future construction in relation to your land, the floor plans indicate the dimensions, the distances in relation to the boundaries of the land, and the exterior equipment, such as swimming pools or garden sheds.
Facade Plans: These technical drawings illustrate the appearance of your house from the outside. They must show all architectural details, including windows, doors, construction materials, and any roof modifications and fencing.
Sections: Sections are cross-sectional views of your home, showing details of the structure and interior layout. They are essential to understanding how your house will be built.
The Network Plan: This plan indicates how your future home will be connected to the water, sanitation, electricity and gas networks. It must comply with current standards.
Area Calculation: You must provide a floor area calculation for your project, in accordance with the rules in force. This calculation is essential to determine whether your project meets the legal thresholds.
The Descriptive Notice: This explanatory note describes your project in detail, including the construction materials, the techniques used, and the environmental impact. It must be written precisely.
Photos: Attach photographs of the existing land and the location planned for construction. They help to visualize the context.
RT 2020 Technical Supporting Documents: For certain projects, technical supporting documents may be necessary, for example, a thermal study to guarantee compliance with RT 2020.

Submitting your house building permit file:

Prepare four copies of the file. Another copy may be required by the administrative service or the advisory commission.
These files will be submitted by post by registered letter, with acknowledgement of receipt, to the address of the town hall of the municipality where your construction is taking place. Or you can drop it off directly at the town hall. And if your house extension is located between two municipalities, the permit application must be completed in both municipalities. That is to say a file with four copies each in the two municipalities.

How long will your license be issued?

After 15 days of submitting your file, a letter of receipt will be issued to you. This will give you the registration number, the date, and the maximum date you will be given the decision. Otherwise you can send a new letter to process your request. A file investigation lasts two months but can extend from 3 to 5 months in special cases. You will be informed by a restrictive letter in special cases.
A letter will reach you within 15 days after submission, with the missing documents if your file is incomplete. And if the missing files are not submitted within the mentioned deadlines, your request will be classified as no further action.

The response to your request:

A positive response

Once the investigation is completed, the order will be issued by the administration via a registered letter with acknowledgment of receipt valid for 2 years. Work not carried out during this period will serve as a new application for a building permit for a house.

A negative response

A notification will also be delivered to you with all the reasons for this refusal with the remedies available which are adequate for your request.

Technical Details and Examples of house building permits:

To further illustrate the process, let’s look at an example of a building permit application for a standard single-family home:

Step 1 – Determine Your Project: You decide to build a 150 m² house with a 30 m² garage.
Step 2 – Choose Your Stakeholders: You hire an architect to design the plans.
Step 3 – Find out about Local Regulations: You check the local town planning plan of your municipality to ensure that your project complies.
Step 4 – Design: The architect designs the plans for your house in compliance with local regulations.
Step 5 – Gather the Required Documents: You compile all the documents, including the plans, the descriptive notice, the area calculations, and the administrative form.
Step 6 – Submit Your File: You submit the complete file to the town hall.
Step 7 – Wait for Instruction: The town hall examines your file and requests minor additions regarding roofing materials.
Step 8 – Obtain Authorization: Your application is approved, and you receive the building permit.
Step 9 – Begin the Work: You can now begin the construction of your house in accordance with the permit granted.
Step 10 – Finalize the Project: After completion of the work, a final inspection confirms the conformity of the construction.

Taxes, Disputes and Appeals for the Building Permit for an Individual House

The question of taxes, possible disputes and appeals is crucial when it comes to your construction project. Understanding these aspects is essential to anticipate costs and protect your legal rights.

Taxes linked to the House Building Permit:

When you submit a building permit application for your individual house, you must pay certain taxes. These vary depending on the size and location of your project. The main taxes include:

The Development Tax: This tax is collected by the municipality where your land is located. It is calculated based on the taxable surface area of your construction and the tax rates set locally. Be sure to check these rates in your area.
The Preventive Archaeology Fee: If your project is located in an archaeological risk area, this fee can be applied to finance preventive excavations.
The Sewer Connection Fee Tax: If your house is not connected to the sewerage network, this tax may be due.

Contest a House Building Permit:

If you disagree with the town hall’s decision regarding your building permit application, you have the right to contest. Grounds for dispute may include concerns about compliance with local regulations or issues with the case review process. Here’s how it works:

Graceful Appeal: You can first file a graceful appeal with the town hall. This means that you are asking the administration to reconsider its own decision. You must do this within two months from the date on which the decision was notified to you.
Litigation Administrative Appeal: If your informal appeal is rejected or if there is no response within two months, you can then initiate a contentious administrative appeal. This appeal is submitted to the competent administrative court.

Transfer of Building Permit:

If you decide not to build your house or to sell it before construction is complete, you can transfer the building permit to the buyer. This allows the buyer to continue construction in accordance with the initial project. Make sure you follow the legal procedures to make this transfer.

Cancel a Building Permit:

A building permit can be cancelled in certain situations, notably in the event of non-compliance with the conditions set out in the permit or in the event of fraud. Cancellation is a serious measure that requires proper legal procedure.

Summary:

Obtaining a building permit for your individual house is a crucial step in ensuring that your project complies with current regulations. Working with competent professionals, preparing a complete file, and following the process step by step are the keys to success.

For more information, consult local sources and your municipality’s planning departments for advice specific to your project.

Important Sources of Information:

Ministry of Ecological Transition – Urban Planning
Service-Public.fr – Building Permit
Legifrance – Urban Planning Code
Council of Architecture, Urban Planning and Environment (CAUE)
Order of Architects

By carefully following the steps of the construction process and relying on experienced professionals, you will be able to build your house legally and with complete peace of mind. Be sure to check local resources for information specific to your area and project.

Common Questions

Question 1: What is the difference between a building permit and a declaration of works?

Answer: A building permit is required for construction projects for individual houses with more than 20 square meters of floor space. A declaration of works is sufficient for smaller projects, but it is essential to check local regulations.

Question 2: When should I submit my building permit application?

Answer: You must submit your building permit application before starting work. Allow sufficient time for processing the request, which may vary by region.

Question 3: What documents should I include in my application file?

Answer: Your file must include architectural plans , ground plans, sections, a descriptive notice, and possibly other documents specific to your project. Consult your town hall for the exact list.

Question 4: How long does it take to obtain a building permit?

Answer: Processing time varies depending on where you live and the complexity of your project. On average, it takes between 2 to 3 months.

Question 5: Can I contest a building permit?

Answer: Yes, you can contest a building permit by filing an appeal with the administrative court. Make sure you have valid reasons to object.

Question 6: How can I cancel a building permit?

Answer: You can request the cancellation of a building permit by filing a voluntary or administrative appeal with the town hall. You can also file a contentious appeal before the administrative court.

Question 7: What are the obligations linked to RT 2020?

Answer: RT 2020 (Thermal Regulation 2020) imposes strict energy efficiency standards for new constructions. Your home must meet these standards by using renewable energy sources and minimizing greenhouse gas emissions.

Question 8: What happens if my building permit is refused?

Answer: If your permit is refused, you can file a free appeal with the town hall. If this fails, you have the right to file a contentious appeal before the administrative court.

Question 9: How does energy certification work?

Answer: After construction, a certified organization will carry out a test to assess the energy performance of your home. If it complies with RT 2020, you will obtain certification.

Question 10: What is the average cost of a building permit for a detached house?

Answer: Building permit fees vary depending on the size of your project and your region. On average, you can expect to spend a few hundred dollars.

Conclusion:

In conclusion, building a detached house in France is an exciting project that requires careful planning and compliance with local and national regulations. Obtaining the necessary authorizations, whether it is a building permit or a declaration of works, is a crucial step in ensuring that your project goes off without a hitch.

It is essential to understand the differences between these two types of authorizations and to follow the specific procedures for each. The complete composition of the file for the building permit must be carefully prepared, including all the required documents, such as plans, sections, ground plans, and respecting standards such as RT 2020.

Calling on qualified professionals, such as an architect, a thermal design office, or a surveyor, can greatly facilitate the process and guarantee the compliance of your project. Remember that meeting deadlines is crucial, and delays can result in financial consequences.

Finally, in case of doubt or questions, local planning services and organizations such as the CAUE are there to help you. They can provide valuable advice and information specific to your area

Although the information provided within these guidelines are compiled to assist, we would always recommend speaking to your Local Maries Office, to determine any specific local requirements that will be specifically applicable to your application.

In case of doubt or questions, your local Maries Office / Planning services are there to help you. They can provide invaluable advice and information specific to your local area.

You should ask Local Marie’s Office or its website for information on how to send your file to it via the internet.