FRANCE Law and Practice Contributed by: Antoine Mercier, Myriam Mejdoubi and Gabriel Dalarun, DLA Piper France LLP
municipality and are covered in local develop - ment plans (Plans Locaux d’Urbanisme). Typi - cal restrictions include those on height, location, parking spaces, exterior aspects, green areas, etc. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Public law controls whether a landowner may construct a new building or refurbish an existing building by means of prior planning authorisa - tion, usually a building permit. Other types of authorisation (eg, declaration of works, authorisation to create commercial space, authorisation for high-rise buildings) may be required, depending on factors such as the location of the building, its future intended use and the extent of any contemplated works. 4.3 Regulatory Authorities Overall, responsibility for regulating the develop - ment and designated use of the land lies largely with local authorities, as the mayor of the munic - ipality is almost always responsible for issuing building permits (except in certain areas or pro - jects where the person responsible for issuing building permits is the prefect). 4.4 Obtaining Entitlements to Develop a New Project The process for obtaining an authorisation involves filing a building permit or declaration of works application with the municipality where the building is located. The time period for the instruction of the applica - tion file will depend on the characteristics of the project and its location. The usual time period is one month for the declaration of works, and
three months for the building permit (such time period can be up to 12 months). For major projects, a public consultation may have to be carried out to obtain the opinion of the public. Building permits are valid for a period of three years, during which time the works must have started (although extensions of time may be granted by the authorities). Furthermore, once started, the works must not cease for any period longer than one year. 4.5 Right of Appeal Against an Authority’s Decision Once granted, the building permit or the decla - ration of works can, for a limited period of time, be withdrawn by the municipality, or be chal - lenged by either the prefect or third parties (such as neighbours), provided they can evidence an interest to act. This challenge can take place in front of the administrative authority that issued the decision ( recours gracieux ) or the administrative courts ( tribunaux administratifs ). 4.6 Agreements With Local or Governmental Authorities Several agreements may be necessary, depend - ing on the nature and location of the project. For instance, for construction projects located in a Zone d’Aménagement Concertée, 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.
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