Introduction
When you're planning to install a bicycle shelter or any other small building, it's essential to understand the administrative procedures involved. In France, two types of authorization may be required: déclaration préalable de travaux and permis de construire. In this article, we'll take a closer look at these two authorizations, explain when they are required and how to obtain them.
Focus on the Déclaration Préalable de Travaux
What is a preliminary declaration of work?
A preliminary building declaration is an administrative procedure that enables the authorities to check that a construction project complies with current town planning regulations. It is generally required for minor works.
Why do I need to declare work in advance?
Registering your project in advance ensures that it complies with local planning regulations. It's an essential step in avoiding legal problems and delays in the completion of your project.
When do I need to file a preliminary building declaration?
A preliminary building declaration is required for work that creates between 5 m² and 20 m² of floor space or floor area. The 20 m² threshold is raised to 40 m² if your project is located in an urban zone covered by a local urban development plan (PLU) or a land use plan (POS).
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Local Town Planning Scheme (PLU) : This is a document that defines building regulations in a commune or group of communes. It indicates where and how construction can take place. It is designed to ensure the balanced and sustainable development of the commune.
Land Use Plan (POS) The ancestor of the PLU. It also sets the rules for building in a commune. It is still in force in communes that have not yet adopted a PLU.
How do I file a preliminary declaration of work?
To submit a preliminary building declaration, you need to complete the Cerfa n°13703*06 form. This form must be accompanied by a number of supporting documents, such as a site plan of the plot, a floor plan of the buildings to be erected or modified, a sectional plan of the plot and the building, and photos showing the plot in its immediate and distant surroundings.
The PD may be submitted by the owner of the land, his agent, the purchaser of the property, companies authorized by the owner to carry out the work, joint owners, the trustee and the co-owner, or the beneficiary of an expropriation.
- You can compile your RFP file online or using a form. The file includes the PD form and documents to be supplied. For all projects, you must provide a site plan. This can be obtained from the Géoportail website. You must also provide a site plan if you are creating a new building or modifying the volume of an existing building. A sectional plan is required if you are modifying the profile of the plot. A plan of the facades and roofs is required if you are modifying them. Other documents may be required depending on the nature of your project.
You can submit your application online, at the town hall or by registered mail with acknowledgement of receipt (RAR). The number of copies of the application to be submitted varies according to the area in which your project is located.
The town hall will issue you with a receipt of deposit, which will include the registration number of your file and details of the date from which work can begin.
In the month following the submission of your DP, the town planning department notifies you by registered letter of a 2-month instruction period. If your file is incomplete, the town hall has 1 month to inform you.
At the end of the PD instruction period, the mayor signs the decision. The decision is sent to you by registered letter. It may be an authorization, an authorization with conditions, a refusal or a stay of execution.
Once your PD has been approved, it must be posted on the site. Posting must remain in place for the duration of the worksite, and be visible from the outside.
The DP is valid for 3 years. It expires if you have not started work within 3 years, or if you interrupt work for more than 1 year.
The validity period can be extended 2 times for 1 year if the planning regulations and administrative easements have not changed. You must apply for an extension at least 2 months before the expiry of the initial validity period of your PD.
Where can I submit a preliminary building declaration?
The preliminary building declaration must be submitted to the town hall of the commune where your plot is located. You can hand-deliver it or send it by registered letter with acknowledgement of receipt.
Where can I get advice on declaring work in advance?
If you'd like some advice on how to declare work in advance, you can contact your local town hall, an architect or a building professional. You can also contact our team at ByCommute, who will be delighted to help you.
Find out more here the government website for more information.
Focus on Building Permits
What is a building permit?
Planning permission is issued by the town hall in the commune where your plot of land is located. It is required for large-scale building projects, such as the construction of a house or building.
Why do I need a building permit?
Planning permission is required to ensure that your building project complies with all the planning regulations in force in your commune. This includes rules on building size and height, use of materials, environmental impact, and much more.
When do I need a building permit?
A building permit is required for any new construction work creating more than 20 m² of floor space or floor area. The threshold is increased to 40 m² if your project is located in an urban zone covered by a PLU or POS. If your bicycle shelter project exceeds these thresholds, you will need to obtain planning permission.
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Local Town Planning Scheme (PLU) : This is a document that defines building regulations in a commune or group of communes. It indicates where and how construction can take place. It is designed to ensure the balanced and sustainable development of the commune.
Land Use Plan (POS) The ancestor of the PLU. It also sets the rules for building in a commune. It is still in force in communes that have not yet adopted a PLU.
How do I create a building permit?
To apply for a building permit, you need to complete the Cerfa n°13406*06 form. This form must be accompanied by a number of supporting documents, such as a site plan of the plot, a floor plan of the buildings to be erected or modified, a sectional plan of the plot and the building, and photos showing the plot in its immediate and distant surroundings.
A building permit can be applied for by the landowner, his or her agent, or any person authorized to build on the land (e.g. a construction company).
You can compile your building permit file online or using a form. The file includes the building permit form and documents to be supplied, such as a site plan of the plot, a floor plan of the buildings to be erected or modified, a sectional plan of the plot and the building, and photos showing the plot in its immediate and distant surroundings.
You can submit your application online, at the town hall or by registered mail with acknowledgement of receipt (RAR). The number of copies of the application to be submitted varies according to the area in which your project is located.
The town hall will issue you with a receipt of deposit, which will include the registration number of your file and details of the date from which work can begin.
The town hall's urban planning department will examine your application. The processing time is generally 2 months, but may be extended in certain cases.
At the end of the instruction period, the mayor's office takes a decision. It may grant or refuse the building permit, or postpone its decision. You will be notified of the decision by registered letter with acknowledgement of receipt.
Once your building permit has been granted, it must be posted on the site. It must remain in place for the duration of the work, and be visible from the outside.
Planning permission is valid for 3 years. It expires if you haven't started work within 3 years, or if you interrupt work for more than 1 year after the expiry date.
The validity period can be extended 2 times for 1 year if the planning regulations and administrative easements have not changed. You must apply for an extension at least 2 months before the expiry of the initial validity period of your building permit.
Where can I apply for a building permit?
The building permit must be submitted to the town hall in the commune where your plot of land is located. You can hand-deliver it or send it by registered letter with acknowledgement of receipt.
Where can I get advice on building permits?
For advice on building permits, you can contact your local town hall, an architect or a building professional. You can also contact our team at ByCommute, who will be delighted to help you.
Find out more here the government website for more information.
Differences between a prior declaration of works and a building permit
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Although both the "déclaration préalable de travaux" and the "permis de construire" are town planning authorizations, they do not apply to the same types of work.
Prior declaration of works is generally required for small-scale projects, such as the installation of a bicycle shelter of less than 20 m² (or 40 m² in an urban zone covered by a PLU or POS). It enables the authorities to check that your project complies with town-planning regulations, without requiring as detailed an examination as a building permit.
Planning permission, on the other hand, is required for larger construction projects. If your bike shelter exceeds the above-mentioned thresholds, you will need to obtain a building permit. The process of obtaining a building permit is more complex and requires a more thorough examination of your project by the authorities.
The importance of Bâtiments de France in your preliminary declaration or building permit
It is crucial to note that the Architectes des Bâtiments de France (ABF) play a major role in the process of prior declaration of works or application for planning permission. These experts in architectural and urban heritage ensure that projects respect the local heritage and environment.
If your project is located in a protected area or near a historic monument, you'll need the advice of the ABF. Their role is to advise, control and support quality architecture that blends harmoniously into its environment. It is therefore essential to take their expertise into account when planning your building project.
To find out more, you can see our dedicated article here.
How ByCommute can help you with these administrative procedures
At ByCommute, we understand that administrative procedures can be complex and time-consuming. That's why we offer a support service to help you obtain your preliminary building declaration or building permit.
Our team of experts is on hand to advise you on the steps to take, and to help you compile your application and submit it to the town hall. We can also help you understand your local planning regulations and design a bike shelter that complies with them.
Conclusion
Whether you need a declaration préalable de travaux or planning permission for your bike shelter, it's essential to understand and comply with these administrative procedures. By calling on ByCommute, you can benefit from our team's expertise to guide you through these procedures and ensure that your project complies with all town planning regulations. Don't hesitate to contact us for more information or to request a bike shelter.
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