Minor works on French property and the Déclaration préalable de travaux (Prior Declaration Of Works)

I have a property in France and I want to build a new garden wall. Do I need planning permission for minor works like that?

In my work as an Estate Agent, as well as a Translator, Interpreter and Consultant, I am frequently confronted by the question of whether planning permission is needed for more minor works to properties and, if so, what form that permission needs to take. In the past couple of weeks alone, I have helped clients facing issues over a garden wall, external steps up to the house from a terrace and new windows. In all cases, the works should have been notified in advance to the local authorities via what is known as the Déclaration préalable de travaux.

What is a Déclaration préalable de travaux (Prior Declaration Of Works)?

It is a form, cerfa 13404, which informs the local authority and other official bodies where necessary (such as the Architecte des bâtiments de France for listed buildings known as monuments historiques, or those in proximity to one) of your intention to carry out works to a property in the situation where full planning permission (permis de construire) is not required. In certain places (communes of a population over 3,500), it is possible to submit the form online.

What works are covered by the Declaration?

The list of works covered by the Declaration is long and can vary depending on specific planning regulations in force in that area and how your property is zoned. The general town planning framework is known as urbanisme. The size of the proposed construction can be important to know whether it comes under the Declaration or requires full planning permission. For example, in certain cases a Declaration is sufficient for a garage of a surface area of up to 40m2, but in many others the size limit will be 20m2. The minimum surface area for the Declaration to apply is usually 5m2.

Here is a non-exhaustive list of the main types of works covered by the Declaration:

• Extension of an existing house
• Loft conversion
• Converting a garage into a bedroom
• Changing windows or shutters for different models
• Making a window or door
• Building a standard size swimming pool
• Digging a cellar
• Converting a barn to another use such as habitation
• Building a wall or fence
• Building a terrace
• Parking a static caravan in your garden
• Putting in a Velux window
• Installing an air conditioning unit
• Putting up a garden shed or greenhouse
• Redoing your roof or your facade in different materials or colour

How long does it take to process the application?

Along with the form, you will be required to supply a range of supporting documents which will vary depending on the nature of your project (plans, photographs, detailed explanations etc). What is necessary is explained in the notices appended to the form. The form is submitted to the local mairie where the property is situated. You will be given a receipt (récépissé) with the submission date.

If the file is complete then the local authority has one month to process the application. If you do not hear anything then you can start the work one month later. It is advisable to obtain official proof that your application is not opposed in a document that the mayor must provide called a certificat de non-opposition. Otherwise, you will receive a letter which:

• expressly authorises the works
• authorises the works but with specific requirements
• refuses the works
• postpones the decision

If the Architecte des bâtiments de France is involved then the deadline is extended to two months.

The Declaration was accepted. Do I have to do anything else?

Yes. Firstly, whilst you are doing the works you must display the Declaration on a board on the land. It is during that period that your neighbours have 2 months in which to contest the Declaration.

Secondly, once the works are complete you must inform the mairie by completing out a form attesting to that fact and certifying that the works comply with the application, known as a Déclaration attestant l’achèvement et la conformité des travaux.

It is very important not to overlook the two last steps.

Final remarks

I cannot tell you the number of times I have heard people say: But my mayor/neighbour/builder told me it was ok and that I didn’t need to do anything. The issue most often comes to light at the time of sale when the notary (notaire) asks about works done to the property and it can be a big legal problem which can lead to a sale falling through, extra costs etc.

When you are planning to do works to your property, if you are told that you do not need to do anything official then always check with a suitably qualified or experienced professional, even when it is the mayor who has told you not to worry about it. My experience of mayors alleged to have said things like that is that often they have not really understood what is planned and the discussion took place casually over an apéro. They never normally would have said such a thing in a formal meeting in their office with their assistant present…

Sorting such a situation out retrospectively is possible but potentially fraught with complications. Happily, earlier this month we were able to sort out my client and his new wall very quickly with huge sighs of relief all round. However, for a few days there was a panic and he could have been fined and made to take his lovely new wall down!

Information for this article is drawn from the following official Government website: https://www.service-public.fr/particuliers/vosdroits/F17578

By Victoria Maître Headdon