Do you need to apply for a building permit? Are you wondering how to proceed? AGN Avocats has the answers!

All large-scale works require a building permit. The qualification of “large-scale works” depends on the nature of the works and the newly created floor area. See our article on the subject for more details.

What are the steps to be taken to apply for a building permit?

1. Make a request

New constructions

You must apply for a building permit for all new constructions except those that are exempt from any formality and those that must be subject to a prior declaration (See our article on the subject)

For the construction of a single-family house and/or its annexes, you must make a request using a specific form.

Download a Building Permit Application for a detached house and/or annexes with or without demolitions

In addition to filling out the form, you must complete it with the documents listed in the form’s notice.

This file must be given to your town hall in 4 copies. The municipality will then issue you a receipt with a registration number indicating the official starting point of the instruction period.

Work on an existing building

In principle, you are exempt from any formality for work on existing buildings. By exception, such work may be subject to a building permit or a prior declaration.

For these other constructions, you must make a request using a specific form.

In addition to filling out the form, you must complete it with the documents listed in the form’s instructions.

This file must be submitted to your town hall in 4 copies. The latter will then issue you with a receipt with a registration number indicating the starting date from which the work may begin.

It is important to know that your project must also respect the regulations on water and protected species of fauna and flora. Thus, you must request an authorization from the prefecture of your department if your project concerns an installation, works or an activity known as IOTA (nomenclature established by decree) notably likely to:

• present dangers for public health or safety
• interfere with the free flow of water or reduce water resources

Similarly, if your work is likely to affect protected species, you must request an exceptional exemption from the prefecture.

2. Examination of your file

The examination period is very important because if this period expires without you having received notification of a decision, the permit is normally deemed to have been granted.

For the construction of a single-family house and/or its annexes, the examination period is 2 months.

For other constructions, the examination period is 3 months.

In the 15 days following the submission of the file and during the entire examination, a notice of the building permit application specifying the essential characteristics of your project is posted at the town hall.

Please note: in some cases, the examination period may be longer, in which case you will be informed of this within one month of submitting your application.

3. Decisions of the town hall

• Acceptance: the decision of the town hall takes the form of a decree. This decision is sent to you by registered letter with acknowledgement of receipt.
• Refusal: when a building permit has been refused, you can ask the town hall to reconsider its position within 2 months following the refusal by registered letter with acknowledgement of receipt
• Absence of answer at the end of the announced examination period: if you do not receive an answer from the town hall at the end of the specified examination period, this means, in principle, that your project is not contested. In practice, however, it is in your interest to ask the town hall for a certificate attesting its lack of opposition. The town hall must deliver it to you on simple request

Please note: In certain limited cases, the silence of the administration on a request for a permit is considered as an implicit rejection of this request.

4. Duration of validity

The validity period of a building permit is 3 years. This period can be extended by 2 times 1 year.

The request for extension must be made by postal mail in duplicate at least 2 months before the expiration of the initial validity period of your building permit.

This letter must be sent by registered letter with acknowledgement of receipt or deposited at the town hall.

The town hall has 2 months to give its answer. If the town hall has not replied within 2 months, your request for an extension is accepted.

To simplify

To help you

Calculating the floor area of a construction

The floor area of the construction is equal to the sum of the floor areas of each closed and covered level, calculated from the inner surface of the facades after deduction of a certain number of specific areas. Bear in mind that the thickness of the walls surrounding the door and window openings is not taken into account.

You can use a method to calculate the floor area of your construction.

• Help sheet for calculating the floor area

Filling out the forms

• Explanatory note for a building permit for an individual house and/or its annexes
• Additional form if several applicants for the same project

Do you have any other questions about the procedure for submitting a building permit? Would you like to be assisted in your project?

Contact us and an expert lawyer in urban planning/construction from AGN Avocats will meet with you!