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 9th February 2010
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The Certificat d'urbanisme - a crucial piece of French planning lawThinking about buying a plot of land to build your future château?In France, like in the UK, construction is well controlled and permission has to be obtained for almost all types of development. Many of the planning rules are codified in a document call the Code de l'Urbanisme. The certificat d'urbanisme Before acquiring a piece of land, it is advisable to ask for a certificate of town planning or certificat d'urbanisme. This document gives you clear and objective information on the rights, planning laws, future development, zoning and taxation attached to the piece of land you are interested in buying. This information can affect your intended plans for the property, as well as its future value. There are two types of certificat d'urbanisme: * le certificat de simple information or certificate of information which, in the absence of a precise building project, just gives information about existing town planning rules on the property. It does not, however, indicate whether the land can be built on. * le certificat opérationnel or operational certificate, must be requested if a specific building project operation is planned on the property. This document is essential if you are planning to buy land or to build on land. It allows you to know, before buying, if you would be able to realise your construction project. The certificat d'urbanisme will indicate the following information: * Town planning arrangements: this includes details about local authority town planning, general town planning regulations, and information about aspects of sea-side coast or mountain laws that might be applicable in the area. * Administrative limits on rights of ownership such as planning restrictions or the existence of pre-emption rights. * Information about existing or future public amenities (water, electricity, sewerage, etc.) serving the land. * Property taxation applied to the property. * Indication if the land is located within a pre-emption zone. The certificate d'urbanisme does not give authorisation to build - it does not replace the building permit - but is needed if you plan to make any changes to a property and/or apply for a building permit. How to request a certificate d'urbanisme It is necessary to complete an application form, the certificat d'urbanisme, Cerfa n°12107 which can be found here . Information must also be provided regarding details of the intended purpose of the buildings envisaged as well as their probable surface area. A plan indicating the location of the land within the municipality as well as a plan of the property itself must also be included. Four copies of the request must then be sent to the local town hall. The mairie must deliver the certificate within two months of application. The document is free. Once you have your certificate d'urbanisme you have two months to contest or change any of the details contained in the document. Read it carefully when you receive it, to check for errors. After the two months have passed you will be unable to make any changes and if there is a mistake in the document you will need to re-start the process with a new application. When a certificat opérationnel, has been requested, it must mention whether the land can be used for the operation described in the request. In the event of a refusal the certificate will indicate the reasons why the project cannot be undertaken. The certificate d'urbanisme is valid for one year. It can be renewed for an additional period of one year (from the date of the officially stamped letter from the mairie) and provided that town planning laws, administration rights of way or other easements and taxation related to the property have not changed. You must ask for the certificate to be renewed at least two months before the expiry date of the old certificate. This demand must be done by letter, in duplicate, addressed to the maire, accompanied by the original certificate and sent by lettre recommandé (registered post) with accusé de réception (a receipt confirming delivery). The extended and valid certificate continues the exact rights that were initially granted. This means that no new town planning rules or financial taxes (other than those intending to safeguard the security of the population or public health) can be applied to your land. Within this period you may: * Present an application for a permis de construire or building permit. This must be presented in strict accordance with the requirements/permissions of the certificat d'urbanisme. The actual building permission has to be applied for within 24 months of the date of issue of the certificate. * Present an application for a declaration de travaux for work that is exempt from needing a permis de construire. Warning : In France there is a heavy minimum fine for using land for a purpose other than that prescribed. Further information on this subject can be provided by the mairie and you can also contact the local direction départementale de l'équipement (DDE). Sarah Lynch Société Nationale Immobilière Property Buyer`s Guide Home Page Looking for a property in France? 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