The building permit is an essential document for any construction whose floor area exceeds 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 which must be submitted to the town hall, the time for obtaining it 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 mandatory administrative document in the context of certain constructions. Issued by the town hall of the municipality on which the property will be built or renovated, its purpose 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 mandatory for buildings with a floor area of more than 20 m². In addition, this document may be required when work modifies the facade of a property or its load-bearing structure. To check whether or not you need to obtain a building permit, it is recommended to contact the services of the town hall or to go directly to the town planning services.
It should be noted that for any area 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 do I apply for a building permit?
Applying for a building permit is a very structured procedure. The file must be compiled from Cerfa n°1340-601 (for the construction of a detached house and/or its annexes including or not demolitions) or Cerfa n°1340-901 (for any other construction including or not demolitions). The application for a building permit must be filed with the town hall or addressed to it by registered letter with acknowledgment of receipt.
The building permit application file must include at least:
- the location map of the land within the municipality,
- the ground plan of the building intended to be built or modified,
- the sectional plan of the construction and the land,
- the plan of the facades of the building and the roof,
- photos/images that allow you to locate and visualize the building in its immediate environment,
- a photo of the terrain and a photo of the terrain in its distant environment,
- a detailed description of the project.
How long does it take to get a building permit?
The notice period
When you file your application for a building permit at the town hall, you will receive a receipt. When you send it by mail, you 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 indicate a period other than that notified on the receipt or acknowledgment of receipt. In general, the town hall has one month to notify these points by registered mail with acknowledgment of receipt. If the deadline has passed, no more requests for parts or modification of deadlines can be tolerated.
In return, the applicant has a period of 15 days to provide the missing documents in his file. If the applicant does not respect this deadline, a tacit refusal is applied to the request.
The instruction time
The instruction period is that available to the administration to examine the application for a building permit and verify its compliance with local town planning regulations. This period begins only from the receipt of the acknowledgment of receipt or the date mentioned on the receipt.
In general, the instruction period for an individual dwelling is two months. It extends to three months for any other construction request, for specific cases requiring the use of other services or when a public inquiry must be conducted on the environment or urban planning.
In the absence of a return from the town hall within the time limit, your application for a building permit is considered accepted. However, the town hall may also request 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?
Once 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 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 deadline is imposed to complete the work started, since they started before the three years of validity of the building permit. On the other hand, the stoppage of work 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 downtime. You will thus prevent a third party opposed to your construction from proving your interruption of the construction site.
Can the validity period of a building permit be extended?
It is possible to request two extensions of a building permit for a period of one year, provided that an extension request is sent to the town hall of the municipality at least two months before the end of validity of the building permit. . Your request must be sent by registered mail with acknowledgment of receipt or deposited 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 provided that the town planning rules have not changed unfavorably in relation to your project since obtaining your building permit.
What if the building permit has expired?
If the deadline for your building permit has passed and you have not undertaken any work, you will have to submit a new application 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.).