The prior declaration of works, or declaration of works, is an administrative act which allows the administration to verify that a construction project complies with the town planning rules in force. It applies to minor work, unlike the building permit.
Which works concerned by the declaration of works?
The declaration of work is required for work on an already existing construction: - to create between 5 and 20 m² of floor space or footprint. And if the construction is located in an urban area of a municipality covered by a local urban plan (PLU) or a land use plan (POS), this surface is increased to 40 m². Please note: if the additional surface is between 20 and 40 m² and the total construction exceeds 170 m², a building permit is compulsory. - to renovate or modify the exterior appearance of a building - to change the destination of a building (commercial premises transformed into housing, for example), even if this change does not involve any work.
Which form for a declaration of work?
To make a declaration of work, one of the following forms must be completed: - cerfa n ° 13702 * 02 for requests concerning the creation of housing estates and other land divisions not subject to a planning permit - cerfa n ° 13703 * 02 for requests concerning constructions and works not subject to a building permit relating to an individual house and / or its annexes - cerfa n ° 13404 * 02 for requests concerning constructions, works, installations and installations not subjected to permit to build with or without demolitions. The form must be accompanied by documents, the list of which is listed on the declaration of work notice.
How to submit your work declaration file?
The file must be sent in two copies by registered letter with acknowledgment of receipt or deposited at the town hall of the municipality where the land is located. Additional copies are sometimes necessary if the works or installations are located in a protected area (historic monument, nature reserve, national park, etc.). The town hall issues a receipt with a registration number stating the date from which work can start if the instructing department does not object to the project.
Instruction of the request for declaration of works
The processing time is generally one month from the date of filing of the request. An extract from the prior declaration must be posted at the town hall within 8 days of its filing, and this for the duration of the investigation, that is to say for at least one month.
If the town hall accepts the declaration of work
When the preliminary declaration of works has been accepted, the beneficiary must start the works within two years from the date of obtaining. Beyond this deadline, the declaration of work is no longer valid. When the work has started, it should not be interrupted for more than a year. They can be spread over each interruption is less than a year and the work is, each time, sufficiently significant. If the work cannot start within two years or the site must be interrupted for more than a year, the holder may extend his declaration by one year on request to the town hall, at most two months before expiration of the expiry date of the validity period of the prior declaration of work.
If the town hall refuses the declaration of works
If the prior declaration of work has been refused, the applicant can ask the town hall to review its position. This request must be made within two months of the refusal by registered letter with acknowledgment of receipt. If this attempt fails, the applicant has two months from the notification of refusal decision to seize the administrative court by registered letter with acknowledgment of receipt. The applicant must clearly state the reasons which allow him to justify his right to obtain a prior declaration of work.
In the absence of a response to the request for a declaration of work
It happens that the town hall does not deliver its response by a written document at the end of the instruction period of one month. The absence of opposition constitutes a tacit decision of non-opposition to the realization of the project. In summary: no news + good news. A certificate of non-opposition to the prior declaration of work can be issued on request to the town hall. For further information:
3939 Allô Public Service (0.06 euro cents per minute) 8 a.m. to 8 p.m. Monday to Friday and 8:30 a.m. to 6 p.m. Saturday.