Conditions for the Validity of Planning Permits

Once the developer has obtained all the administrative permits required to launch their real estate project, they must consider the duration and validity conditions of those permits.

A planning permit is valid for 3 years from the date of issuance. It may be renewed twice for a period of 1 year each upon request to the town hall. The town hall will issue an extension order. The request must be submitted 2 months before the permit expires and is automatically granted unless there has been an adverse change in planning regulations.

The validity period of a planning permit may be suspended, for example, while a legal appeal is pending. The validity period of the permit resumes once the authorities have issued their decision.

1- Start of construction

The DOC (Declaration of Project Commencement) must be filed, and work must actually begin, before the permit’s expiration date (3 years). The DOC is a simple document notifying city hall of the start of construction.

The operator must, however, remain vigilant thereafter, as any interruption in the work lasting more than one year will result in the permit becoming null and void. The judge will determine whether the interruption actually occurred, and any work already completed will be considered illegal.

2. Changes to the zoning permit

If the operator wishes to make changes to their initial project, they must first verify that these two conditions are met:

• Have a valid building permit
• The proposed changes do not alter the nature of the project

The first condition is met as long as the work has not been completed. An amended permit application may be filed as long as the DAACT—Declaration Certifying the Completion and Compliance of the Work (see paragraph 7—completion of work)—has not been obtained.

The second condition means that an amended building permit may only be requested to make minor changes to the exterior appearance, the building’s footprint, or its floor area. However, a new building permit application must be filed if the desired changes are more significant. This is the case for a substantial increase in the floor area to be constructed or a change in the project’s intended use.

The processing times are similar to those for the initial building permit application. As with the initial building permit, it is essential to take all necessary steps to ensure that no appeals or withdrawals are filed against it. However, even though the public posting of the building permit reopens the appeal period, this applies only to the elements approved by the amended building permit and not to the entire project. An appeal against the amended building permit suspends the validity period of the initial permit until the appeal is resolved (either through an out-of-court settlement or a court ruling).

For your information, if an appeal is filed against the amended building permit, the original building permit remains valid, even if the amended permit is revoked.

Please note, however, that an amended building permit does not restart the validity period of the original building permit, which remains three years from the date of the original permit decision.

3- Transfer of the planning permit

After obtaining a zoning permit, the company carrying out the project may change—for example, if the project is sold to another developer or if it is carried out by a dedicated subsidiary (primarily a civil construction and sales company).

In this case, it is essential to request a transfer of the building permit. Aside from the consent of both parties involved, the only condition is that the transferred building permit must be valid. The transfer is automatic by law, as the building permit is tied to the property and not to the individual. Furthermore, any changes to zoning regulations between the issuance of the original permit and its transfer cannot result in a denial by the city.

The city hall will issue an order transferring the building permit following a 2-month review period. As with an amended building permit, the transfer order must be posted publicly and all appeals and withdrawals must have been exhausted.

Nevertheless, this concept must be qualified when it comes to the transfer of building permits. The transfer has virtually no legal effect other than changing the identity of the beneficiary. This is why third-party petitioners will most often have their claims dismissed as inadmissible for lack of standing. The possibility of challenging a transfer order therefore relates solely to the lack of standing of the petitioner (Council of State, Sept. 26, 1994, Steiger), which makes it more theoretical than practical.

Reminder regarding the applicant’s standing: Generally, only the owners of the property, their authorized representative, or a person who can prove they are authorized by the owners to carry out the work are eligible to file an application for a building permit.

Rare examples of refusals to transfer building permits:

• The license has expired (CE, October 27, 2006, Req. No. 278226)
• The permit is transferred from an individual to a legal entity; the original recipient is not required to hire an architect, unlike a legal entity (Article L431-1 of the Urban Planning Code; Law No. 77-2 of January 3, 1977, on architecture).
• The permit applies to work on public property. This type of permit is, by definition, personal and non-transferable.

4- Completion of the work

Once the work is completed, the contractor must file a declaration certifying the completion and compliance of the work, known as a DAACT. This declaration notifies the city hall that the work has been completed.

Within a timeframe that varies depending on the location of the construction, the city hall may challenge the compliance of the construction with the planning permit by conducting an on-site inspection. The standard timeframe for this is 3 months from the date of receipt of the DAACT.

To cite a few exceptions to the deadline for challenging the compliance of construction work, the city hall has five months in the case of a building listed as a historic monument or located in a protected area. Similarly, a five-month deadline applies to areas covered by a natural, technological, or mining risk prevention plan.

If no response is received within the specified time frame, the work is considered complete and in compliance.

If the city considers that the construction does not comply with regulations, it may issue a formal notice to the operator to carry out the necessary work or require the submission of an amended building permit application.

If regularization is not possible, the city may order the demolition of the structure.

Conclusion

To ensure the viability of a real estate project and its successful completion, it is important for developers to follow the necessary steps and comply with the government’s requirements. While these procedures may seem cumbersome and tedious in France, these permits are intended to protect local residents, buyers, and our cultural heritage and environment.

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