Building permit

Conditions for obtaining the benefit

• Be the owner of the land under construction.
• The parcel must be the result of an approved subdivision and its use must be in accordance with the development plan for the area.
• Compliance with regulations concerning the protection of agricultural land, archaeological sites, historical monuments, natural sites, urban sites and conservation areas.
• Submission of a complete file in accordance with the current legislation.

Required documents

• A paper application signed by the petitioner or his representative.
• A title certificate or a Judgment in a Matter of Jurisdiction or other document attributing ownership of the parcel, on which it is intended to construct.
• A technical information document issued by the administration and signed by the architect responsible for the project, with the exception of cases where the architect is not required to prepare architectural plans for construction projects.
• A five-copy construction project with a building situation plan, a 1/500 or higher scale mass plan, the plan views of the various levels and the side-rated cut planes as well as the facades at scale 1/100 or higher and a plan of the supporting structure drawn up by a design office or a specialist engineer registered on the table of the order of engineers.
• A construction project containing a sketch showing the situation of the building and its dimensions and a sketch showing the layout of the construction, the distribution and allocation composing the premises in cases that do not require the use of an architect.
• A study on the impact of the project on the environment, in accordance with the provisions of decree n° 2005-1991 of 11 July 2005.
• An alignment order where the parcel, intended to be built, is contiguous to the public road or maritime domain, or to the public railway domain or to one of the components of the public hydraulic domain.
• Administrative authorizations relating to the condition of the parcel when it is contiguous to an area subject to special easements.
• A receipt of the personal income tax or corporation tax return.
• Certificate issued by the receiver of finance justifying payment of the tax on buildings situated in the district of the local authority concerned.
• A safety file approved by the civil protection services for buildings subject to the regime of prevention and safety of the dangers of fire, explosion and panic.

Observation

In addition to the documents referred to above, the project to redevelop or reassign a protected or classified building or a building situated within a historical or traditional complex or cultural site shall consist of the following parts, each in two copies:

• A location map of the building.
• A mass plane at a scale of 1/500 or higher.
• An accurate record of the different levels at the 1/50 scale.
• Side cut planes and facades at 1/50 scale.
• A survey of the structures.
• A survey of all the elements of decor at scale 1/20.

Place of lodging of the file

• The technical service of the territorially competent local authority (municipality or regional council).

Place of obtaining the service

• The technical service of the territorially competent local authority (municipality or regional council).

Period for granting the benefit

Within a period of:

• 21 days from the date of filing of a duly constituted dossier.
• 45 days if the development plan is being developed.
• 60 days if the construction is located 200 meters from the natural, cultural, archaeological, protected or historical sites.

Observation: A receipt is issued to the applicant for the building permit.

Legislative and/or regulatory references

• The Planning and Planning Code promulgated by Law No. 94-122 of 28 November 1994, as amended and supplemented by subsequent texts.
• Act Nº 83-87 of 11 November 1983 on the protection of agricultural land.
• The Archaeological, Historical and Traditional Arts Heritage Code promulgated by Law No. 94-35 of 24 February 1994.
• Article 13 of the Local Tax Code promulgated by Law No. 97-11 of 3 February 1997, together with the texts that amended or supplemented it, in particular Law No. 2005-106 of 19 December 2005 establishing the Finance Law for the year 2006.
• Decree No. 98-1428 of 13 July 1998 concerning the fixing of the amounts of the fees to be collected by the local authorities as amended and supplemented by the subsequent texts and in particular Decree No. 2004-80 of 14 January 2004.
• Decree of the Minister of Equipment, Habitat and Land Use Planning of 17 April 2007 defining the components of the building permit file, the periods of validity and extension and the conditions for its renewal.
• Circular No. 5 of 14 March 2003 on the reduction of time limits for issuing building permits.

Important recommendations

• The issuance of the building permit does not affect the rights of third parties.
• It is mandatory for the building permit holder to place a sign at the entrance to the work site with: information on the permit number, date and place of establishment.
• Any breach of the provisions relating to building permits and construction without building permits is subject to one of the penalties provided for in Title 4 of the aforementioned Code of Spatial Planning and Planning.
• The construction of an individual house with a total covered area of less than 80 m², as well as the extension of an existing house, whose total covered area is, after extensions of less than 100 m² do not require the use of an architect to draw up architectural plans.
• The building permit shall be valid for a period of three years from the date of notification of the holder of the acceptance. The validity of the permit is extended for the same period upon request, when the construction project has not been modified. This request must reach the municipality or delegation concerned one month before the expiry of the period of validity of the building permit order whose extension is requested.