REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The process involves the submission of a planning application form to the mayor of the municipality where the land is located. The mayor then refers the application and the information accompanying it to a range of consultees (including the public, for important projects). The mayor (or the Prefect when competent) either grants or refuses the permission.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Planning permissions can be challenged by third parties (such as neighbours) within two months from the proper display of the permission on site, provided they can evidence an interest to act. If the permission is not displayed, it may be challenged within six months from the achievement of the permitted works.

Most of the time, such challenge can take place in front of either the administrative authority who issued the decision (recours gracieux) or the administrative courts (tribunaux administratifs).

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Planning permissions delivered by the mayor are referred by the municipalities to the Préfets who are the representatives of the French State at the level of each Département.

Planning permissions can be challenged by the Préfet within a two-month period as from their notification to the Préfet. Specific modalities however apply in case of tacit permissions.  In this case, the Préfet can ask the mayor/the court to withdraw or cancel a permission on the grounds that it is not legal (mainly because it does not comply with the provisions of the local development plan).

Third parties can also apply to the mayor or the court to withdraw or cancel the permission, sometimes also to the Préfet (ie when the planning permission has been delivered by the mayor on behalf of the State).

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

This depends on the subject matter of the application and on the location of the land.

The usual time period is one month for the declarations of work, two months for the demolition permits and building permits related to individual houses, and three months for the other building permits (such time period can be up to 12 months).

Once the application has been submitted, the local services specify the effective instruction delay to the applicant within one month. This delay may however be extended in specific circumstances which could not be known in the first month from submission.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

There is a right of appeal against a relevant authority's decision to refuse planning permission. During a period of two months from the receipt of the refusal, the applicant may apply to the mayor to withdraw it and/or request the court to cancel it.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Some forms of development will require that the developer and the municipality enter into an agreement under which the developer undertakes in particular to pay for some public facilities that are necessary for the project.

For instance, for construction projects located in a Zone d’Aménagement Concertée area, it is often necessary to purchase construction rights in addition to the land.

The owner (maître d'ouvrage) may have to make a financial contribution to the infrastructure in order to support new development.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Planning permissions valid as of or granted as from 7 January 2016 are valid for a period of three years. This means that the works must have started during this period although extensions of time may be granted by the authorities. In addition, the works must not be interrupted for more than a year.

It is possible to apply for an extension for an additional year (twice). Any such extension must be applied for no later than two months prior the end of the three-year period.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Local planning authorities have power to serve enforcement notices requiring the cessation of the works carried out without planning permission or in breach of permission.

There are also criminal law sanctions (fines and, in some cases, imprisonment) for non-compliance and a court injunction may be obtained against the owner of the relevant land to enforce compliance (these measures can include a demolition order, a prohibition on reconstructing the building in the event of destruction, or a prohibition on obtaining new planning permissions on the site).

Last modified 13 Mar 2025