Works Declaration There are some building works that do not require planning consent, but the lesser procedure of a works declaration. The procedure is called a déclaration préalable.(permis de travaux) Those building works that require a works declaration can be summarized as follows: • A new building or extension to an existing building, not greater than 20m²; • Attic conversions (although some require planning permission); • Creation of any openings in a building; • Garage/Workshop not greater than 20m²; • Changes to the exterior finish of the property; • An uncovered swimming pool; • Works to historic listed buildings not requiring planning consent; • Boundary wall or fence above 2 metres; • Installation of temporary caravan. Application Procedure In order to make a works declaration you need to complete two copies of the standard form, which can be obtained from your mairie, or downloaded at Works Declaration The application should be accompanied by other plans or documents, about which you should consult with your local planning authority, as requirements vary according to the type and location of the works. You need to deliver the application by hand, or send by recorded delivery. The planning authority are obliged to confirm receipt of your application and provide you with a registration number. Within 15 days of receipt of your application, the mairie are obliged to post notice of the application outside of the town hall. The mairie have one month in which to advise you if the application has not been submitted correctly, from which point you then have three months to submit a correctly completed application. Once the the planning authority have received a correctly completed application they then have one month in which to determine it, which is increased to two months where it is necessary to consult with other public bodies, e.g. conservation area. In the absence of a response with the prescribed timescale, approval is deemed to have been granted tacitly. Accordingly, in most cases, if you hear nothing within a month, you can assume your application has been approved. In other cases, the application may be approved with conditions, in which event a decision notice will be sent to you containing the conditions. Once approved, a notice of non-opposition must be displayed at the mairie within eight days of their decision. You are also obliged to place a standard notice on the site, and througout the period of the works. Whilst you are not obliged to advise the planning authority of the start of works (as it the case with a planning consent) you will need to advise them of completion of the works, using a standard form. The form is the Déclaration d’Achévement des Travaux (DAT). The planning authority may undertake site visits to ensure conformity with the declaration, although this is not routine practice. Once you have completed the works, and returned the completion notice, they then have three months (five months in a conservation area and risk zones) to undertake an inspection to ensure conformity with the declaration. At the end of three months, you can ask the mairie to supply you with a notice confirming their 'non-opposition' to the completed works. The notice is only likely to be available on request. Receipt of a formal notice of 'non-opposition' gives you the certainty that (short of a fraudulent application) it would make it almost impossible for the planning authority to be able to mount a challenge against the works. Where works are not started within two years, or interrupted for longer than a year, then permission is considered to be null and void. You can ask for an extenstion of this period, provided it is received at least two months prior to the expiry of the approval date. |
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