The building permit is an essential document for any construction with a floor area exceeding 20 m² and for renovations that impact the facade or the supporting structure of a building. In reality, it is above all a complete file that must be submitted to the town hall, the deadline for obtaining must be taken into account and the period of validity scrupulously respected. Let’s do a check in.
For which works do you need a building permit?
The building permit is a compulsory administrative document for certain constructions. Issued by the town hall of the municipality on which the property will be built or renovated, its objective is to allow the administration to ensure that the construction complies with the rules in force within the territory in the fields of architecture. and town planning.
The building permit is compulsory for constructions with a floor area greater than 20 m². In addition, this document may be required when works modify the facade of a property or its supporting structure. To verify the need or not to obtain a building permit, it is recommended to contact the services of the town hall or to contact the town planning services directly.
It should be noted that for any surface greater than 150 m², the use of an architect is mandatory and it is this professional who is then responsible for filing the building permit.
How to apply for a building permit?
The application for a building permit is a very supervised procedure. The file must be made from Cerfa n ° 1340-601 (for the construction of a detached house and / or its annexes including or not including demolitions) or from Cerfa n ° 1340-901 (for any other construction including or not demolitions). The building permit application must be submitted to the town hall or sent to it by registered letter with acknowledgment of receipt.
The building permit application file must include at least:
- the site plan of the land within the municipality,
- the ground plan of the building intended to be constructed or modified,
- the sectional plan of the construction and the land,
- the plan of the facades of the building and the roof,
- photos / images which allow the building to be located and visualized in its immediate environment,
- a photo of the land and a photo of the land in its distant environment,
- a detailed description of the project.
How long does it take to obtain a building permit?
The notification period
When you submit your application for a building permit at the town hall, you will receive a receipt. When you send it by mail, you will receive an acknowledgment of receipt. These documents contain the same information, in particular the date from which construction can begin, provided that the application for a building permit is accepted.
These documents also indicate the notification period, which is the period available to the town hall to request missing documents from the file or to report a period other than that notified on the receipt or acknowledgment of receipt. In general, the town hall has a period of one month to notify these points by registered mail with acknowledgment of receipt. If the deadline has passed, no further request for a part or modification of the deadline can be tolerated.
In return, the applicant has 15 days to provide the missing documents in his file. If the requester does not meet this deadline, a tacit refusal is applied to the request.
The investigation period
The instruction period is that available to the administration to examine the building permit application and verify its compliance with local town planning regulations. This period begins only from the receipt of the acknowledgment of receipt or from the date mentioned on the receipt.
In general, the instruction period for a single dwelling is two months. It extends to three months for any other construction request, for special cases requiring the use of other services or when a public inquiry must be conducted on the environment or town planning.
In the absence of return from the town hall within the time limit, your application for a building permit is considered accepted. Nevertheless, the town hall can also request an additional time to submit its decision, in particular when the request involves a modification of the town planning rules. In this case, the suspension cannot exceed two years.
How long is a building permit valid for?
As soon as the building permit is received, it remains valid for a period of three years. However, under Article R. 424-10 of the Town Planning Code, if the construction work has not started within this period of time or if it has started, but is interrupted for more than ‘one year, the building permit is no longer valid. It must then be renewed. Note that the work must be started, but it is not necessary to complete it within the three-year period.
No time limit is imposed to complete the work started, as long as it started before the three years of validity of the building permit. On the other hand, the work stoppage must not last more than one year, otherwise the permit is no longer valid. To avoid disappointment, keep your quotes and business invoices during the interruption period. This will prevent a third party opposed to your construction from proving your work interruption.
Can we extend the period of validity of a building permit?
It is possible to request two extensions of a building permit for a period of one year, provided that a request for an extension is sent to the town hall at least two months before the end of the validity of the building permit. . Your request must be sent by registered letter with acknowledgment of receipt or filed at the town hall against receipt.
If you have not received any response from the town hall within two months, your request for an extension is considered granted.
Please note, however, that this extension request is possible on condition that the town planning rules have not changed unfavorably in relation to your project since you obtained your building permit.
What if the building permit has expired?
If the deadline for your building permit is exceeded and you have not undertaken any work, you will have to submit a new request to your town hall. If the town planning rules have not changed, your request will be identical and – normally – granted again without difficulty. On the other hand, if these regulations have changed, you will have to consult them to modify your project accordingly, with all the costs that these modifications may generate.
Despite the constraints imposed by these procedures, make sure you obtain your building permit or its extension. Indeed, all work carried out outside the validity of a building permit exposes you to heavy penalties and substantial costs (demolition, etc.).