Has the permit to build greenhouses changed in France?


Reader’s Question: I built a 6m² greenhouse in 2008 without a building permit because the company I bought it from said it was not needed as it can be taken apart. Is this true and what if the rules have changed?
Greenhouse legislation has not changed since 2008.

It should be noted, however, that even if it did, meaning the greenhouse that did not need permission in 2008 would do if it were built now, it would not become an illegal construction. retrospectively.

A second point to note is that if a structure is put in place without permission required, you can still request permission as if you are building it now (but in the project description you should note that this is a regularization). This is quite common and, if done voluntarily, you are unlikely to face the fines that can be imposed by a court for illegal construction, which can range from 1,200 to 6,000 € / m2.

What is more likely is that the structure is considered not to comply with local rules and in this case the town hall could go to court to order you to modify or demolish it. However, no legal sanction can apply six years after construction and the town hall cannot apply for a court order after 10 years.

A problem could still arise when the property has just been sold, because legally you must inform a buyer of any construction that does not have permission when it should and this fact must be mentioned in the sales contract …

Local councils could also bill retrospectively development tax, a single construction tax which must be paid on constructions requiring authorization. It can be increased by 80% as a penalty.

Planning permission is required in most cases, unless the floor area of ​​a building is less than 5 m2, or if it is likely to be dismantled and is only up for three months per year.

Even so, you may need to get permission if you live in a protected area or in certain areas, such as some large cities, where there may be additional restrictions. Your town hall can advise you on all local planning regulations or you can consult a lawyer.

There are two types of authorization. Prior declaration of work applies to an area of ​​5m2 to 20m2. On 20m2 you will need a building permit. The forms are online and must be sent by registered mail to your town hall.

Expect a response after about a month, but it may take longer if you live in a protected area.

For the Statement, if you don’t hear within a month, you can assume the answer is yes. For both, if the answer is no, then you have up to two months to challenge the decision.

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