What are the rules of urban planning to follow when building a garage?

You should consult all of the following documents in which special rules regarding materials, color, appearance and distances may be observed:

• Local urban planning plan (MORE: titleContent) of your municipality. You can consult it with the urban planning department of your town hall. You can also ask the town hall for a urban planning which specifies whether the proposed project is feasible.
• Specifications or settlement of the subdivision if your land is in a subdivision. It is appended to the deed of purchase of your land. You can also obtain it from the president of your owner's union (ASP).
• Regulation of co-ownership if your property is located in a condominium. It is attached to the deed of purchase of your property. You can also obtain it from your syndic of co-ownership or the President of the union council.

If those documents do not lay down specific rules on theimplantation, you must place your project either on the edge of your property or at least 3 meters from it.

In any case, your project should not not cause to abnormal neighborhood disorder (for example, loss of sunlight, continuous noise from equipment) or create a view without respecting the minimum distance.

The urban planning authorization to apply for or the exemption from authorization varies according to the surface of your project and if you are in a protected area or in another sector. You can obtain this information by contacting the urban planning department of your town hall.

You must also apply for the following permission if your project is located in a rental, condominium, subdivision:

As from the filing of your file, the town hall has 1 month to inform you if it is incomplete. If this is the case, you have 3 months to complete it, otherwise your application is rejected.

When your file is complete, the response time of the city hall is different depending on the authorization of urban planning and the location of your project:

The decision is addressed to you by LRAR: titleContent or by LRE: titleContent or an equivalent electronic process. There are several possible cases:

• Authorization or lack of response
• Authorization with requirements
• Refusal
• Stay of proceedings.

In the absence of a response within the deadline, your authorization is granted except in exceptional cases (this is the case, for example, for a project subject to an authorization under classified sites or nature reserves, or relating to a building registered under historic monuments).

You must display your authorization on your land or the facade of the building as soon as notification and throughout the works period. You must use a rectangular panel with dimensions greater than 80 cm, readable from the public road.

Your display shows the following information:

• Name, company name or company name of the beneficiary
• Date and number of authorization
• Nature of the project, land area
• Address of the town hall where the file can be consulted
• Name of the architect, author of the architectural project
• Floor area and the height of the structure(s), expressed in meters in relation to the natural ground
• Surface of the building(s) to be demolished if the project involves demolition.

He must also inform the public of the possibilities of appeal by mentioning the following information:

« Right of appeal:

The time limit for litigation is two months from the first day of a continuous period of two months of display on the ground of this panel (Article R. 600-2 of the urban planning Code).

Any administrative appeal or any contentious appeal must, on pain of inadmissibility, be notified to the author of the decision and to the beneficiary of the permit or of the decision taken on the prior declaration. This notification must be sent by registered letter with acknowledgement of receipt within fifteen clear days from the filing of the appeal (Article R. 600-1 of the urban planning Code). »

If you have requested permission from your landlord, condominium or subdivision, you must obtain their consent before starting your works.

If you own a PC, you must send a DOC to the town hall to start your works.

Depending on your municipality, the way to submit your file to the town hall is different:

• By dematerialized means (on the internet) according to the arrangements made by the municipality (consult the website of the town hall or inquire on the spot)
• By letter RAR: titleContent or by hand (form).

As soon as the authorization of the town hall (and when they are necessary, those of the owner, the condominium or the subdivision) are acquired, you can start your works.

Once started, your works should not be interrupted for more than 1 year in a row, otherwise your urban planning authorization is no longer valid and you must reapply. This is also the case if you do not start works within 3 years of the issuance of your authorization.

However, your authorization can be extended 2 times for 1 year under the following 2 conditions:

• Urban planning rules and administrative easements unchanged between your 2 requests
• Sending your extension request at least 2 months before the end of the 3-year validity period.

When your project is completed, you have to send a letter to the town hall Declaration of Completion and Compliance of works (DAACT).

Depending on your municipality, the way to submit your file to the town hall is different:

• By dematerialized means (on the internet) according to the arrangements made by the municipality (consult the website of the town hall or inquire on the spot)
• By letter RAR: titleContent or by hand (form).

If you carry out your project without authorization or if it does not comply with the authorization obtained, you risk the following cumulative penalties:

• Penal fine between €1,200 and €300,000 maximum (€1 500 000 maximum for legal persons)
• Administrative fine from €30,000 maximum
• Interruption of works
• Obligation to comply or demolish your project with a penalty payment of €500 maximum per day late
• Automatic compliance or demolition at your expense
• 6 months imprisonment in case of recidivism.

If your project requires an urban planning authorization, you must pay a development tax (AT)and, in the event of an impact on the subsoil, a preventive archeology tax (PAF).

You can do a simulation of the amount:

Estimate the amount of urban planning fees (development fee and preventive archeology fee)

You must report the elements necessary to calculate the VAT, within 90 days after thecompletion of your works for tax purposes, from your secure area on the tax website in the « Manage my real estate » section.

You can also report them using a form to send to the property tax center on which you depend:

Form No. 6840-SD - Declaration of works for urban planning Fees

Your project can affect your property taxes. For more information, you can contact your departmental property tax center.