French Property News – August 2019

http://www.completefrance.com August 2019 French Property News 45

EXPERT ADVICE

NATIONAL

REGULATIONS

These apply anywhere not covered by a

local plan. The règlement national

d’urbanisme (RNU) is used to control

what can or can’t be built in any given

area or commune. Planning decisions

resulting from applications where RNU

applies will be based primarily on

whether the project is within the

existing urban area of the commune,

although there is no specific definition

of what that means, or where the line is

drawn between urban and rural zones.

The use of existing land nearby, the

size of the development, the

architectural style and any noise or

public health and safety issues will all

play a part in the planning process and

will affect the outcome.

Properties in a hamlet of 10 houses

set 3km from a village centre are unlikely

to be considered as being within the

constructible zone. Extensions are likely

to be permitted, but applications for

new-build projects are very unlikely to

be granted.

LOCAL

REGULATIONS

There are a number of different models

in use for local regulations, with each

version existing to control planning

matters within the commune. The more

usual ones are the plan local d’urbanisme

(PLU), plan d’occupation des sols (POS)

and the carte communale (CC).

The first of these is the most detailed

version and will place all land in a

commune into one or more planning

zones, ranging from agricultural to

industrial, and from parkland to

residential. Each zone will have its own

set of rules defining what can or can’t be

achieved, taking account of an overall

plan set by the commune for

development of the area.

The other two tend to be less

detailed, but have the same overall aims.

There is a current move towards smaller

communes joining together to form

larger planning areas, sharing a common

regulatory framework called a plan local

d’urbanisme inter-communal (PLUi).

OTHER

CONSIDERATIONS

Dependent on the area in question,

many communes also have regulations

to take account of a variety of natural

risks, such as flood, fire, avalanche and

so on. A regulatory framework may exist,

setting out risk-prevention measures

and, in many cases, these will affect or

rule out certain types of development.

materials have to be maintained for heritage or

architectural reasons.

Changing existing wooden windows for their

uPVC cousins, even if the style and appearance

is purported to be similar, may not be

considered a like-for-like replacement,

especially if the property is in a protected

planning zone (more on this later). Seek

professional advice or check with the local

mairie, who are there to help and guide you. If

they are at all unsure, the resident clerk will

call the local planning office for guidance.

Extensions: Here we have our first example

of how two diametrically opposed rules happily

co-exist within the French planning system!

While, in theory, extensions of less than 5m²

require no permit, it goes without saying that

any extension, irrespective of size, results in a

change to the external appearance, meaning a

permit will almost certainly be required!

Extensions of more than 5m² always require

a permit, and in many communes there is no

automatic right to extend, so don’t assume it is

possible without checking. Others may limit an

extension to a percentage of the existing living

area/footprint, or to a maximum size expressed

in square metres. Wanting to extend in order to

take advantage of the magnificent views over

the rolling countryside will count for nothing if

local regulations prevent it – even if the agent

you just bought through did say it would just

be a formality.

Attic conversions:Various interpretations of

the regulations exist as to whether additional

surface de plancher (living space) is being

created in the process. As a rule, if the attic has

an existing access (e.g. a staircase), and/or

other external window or door openings, then

no floor area is being created and, in principle

at least, a permit may not be required.

This does, of course, depend on a number of

factors. The fitting of Velux or dormer windows

constitutes an external change in appearance

and, in the latter case, also creates floor area.

If the plan is to allow light into the attic by

fitting one or more of these options, a permit

would be required.

Barn conversions: Converting any kind of

building that is not currently considered

habitable will require a permit. This is partly

because there will be changes to the external

appearance, but primarily because it is

considered a change of use, perhaps from

agricultural to habitable.

There are a number of convoluted rules that

determine exactly what will be required, but

suffice to say one cannot begin conversions

without the appropriate approvals, and always

ensure at least outline permission exists in the

form of a CU before buying.

There is a current move in many rural areas

to prevent the conversion of individual barns

into accommodation (although if they form

part of a complex of buildings that already

includes a dwelling, it is much easier). If there

are no public utilities connected (water,

electricity, sewage), the utility companies will

be consulted to see whether it is possible to

extend the supply to the building. If not,

planning permission may be refused, or you

may be asked to pay for the privilege, which

can add a significant sum to your budget.

Seek professional advice or check with the local

‘mairie’ before embarking on renovations

Jon Mills