Deposit of Construction Permit

Items to be provided for the deposit of the construction permit

Since October 1st, 2007

The construction permit has been simplified

What has changed?

The procedures have been simplified:

Instead of 11 authorizations and 5 declarations:

  • 3 Permits
  • Construction permit for major buildings and construction works, such as: detached houses, constructions exceeding 20 m2 in area, pools exceeding 100 m2 in area, building conversion involving fundamental, structural work…
  • Permit to build major projects, such as: housing estates, camping sites, amusement parks, golf courses…
  • Permit to demolish protected sectors or buildings
  • A prior declaration for minor building, construction works, installations and conversions, such as: constructions of less than 20 m2 in area, cleaning, frontage improvements, pools of less than 100 m2 in area, conversions that do not involve structural building work…

The new regulation lists exactly the types of building, construction work, and conversion for which a permit or a declaration is required. For anything that is not listed, there is no need for a permit or declaration.

There is a guaranteed processing period:

Fixed after deposit of the file at the town hall (which remains the sole location for this deposit), the guaranteed processing period is:

  • 1 months for prior declarations
  • 2 months for construction permits for detached houses, and for demolition permits
  • 3 months for all other construction and conversion permits

The guaranteed processing period can be increased (see below), if certain consultations are necessary (with the “Bâtiments de France” protected building architect, safety commission, and so on…). The new period must be fixed, at the latest, one month after deposit of the file. It cannot be changed after that date.

The file is clearer and simpler to understand:

The list of items to be provided for a permit request or prior declaration accompanies the new versions. It is not longer admissible to request an unlisted item.

If an item has not been provided, it must be requested during the month following the deposit. After the month has past, an item can still be requested, but it will not increase the processing period.

At the end of the first month, the person lodging the request is notified about the processing period for his file. Except for exceptional cases, if the administration has not responded by the end of the processing period, and there has been no opposition to the declaration, the permit is considered approved (by default).

Note: The administration can withdraw this approval within a period of three months, if the permit is illegal. It cannot withdraw its approval of a declaration.

Greater responsibility for the building contractor:

At the time of deposit of the request, the internal construction plans are no longer required. The building contractor declares the project’s floor area, and is legally responsible for this declaration.

It is a professional expert (architect, approved expert) who guarantees that specific building construction rules (such as resistance to earthquakes) are fully respected.

When the construction work is finished, there is no longer a certificate of conformity (written by the administration to indicate that the completed works are exactly those that were authorized). It is the building contractor or his architect, if he is involved in the construction work, who guarantees completion and conformity of the project.

The administration is allocated a 3-month period for verification of conformity of the work (5 months in the case of a mandatory verification: for example, for protected sectors, establishments that are open to the public, and so on). Beyond that period, the administration cannot withdraw its ruling on conformity.

For more details, see the website of the Ministry of Urban Planning

Alpes-Maritimes:

Alpes-Maritimes Departmental Management
Departmental Administration Center
Grenoble Road
BP 3003
06201 NICE
Tel.: 04 93 72 72 72

http://www.alpes-maritimes.equipement.gouv.fr/

CAUE (Council for ’Architecture, Urban Planning and the Environment)
26, Lunel Quay
06300 NICE
Tel.: 04 92 00 38 38
Fax: 04 92 00 38 30

You can also refer to the municipal authorities in the place where you wish to build.

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