What if the building permit is refused? This is a fear shared by many future owners of new houses or those who wish a house extension. But should we really be worried? What are the most common reasons for refusal? How to avoid it? How to bounce back? Let's take stock.
Refusal of building permit, a possibility?
Once all the documents in your file are at the town hall, the latter will study your Request for a building permit within two months for a single-family home. However, it sometimes happens that the famous permit is refused. The town hall takes a opposition order which indicates the reasons for the decision, the channels and time limits for appeal
Building permits: stay of execution
Sometimes the mayor takes a stay of proceedings order. This means that the application will be examined later, at the latest within two years. This decision may concern constructions that could be involved in other projects of the municipality: if the works hinder the realization of public works planned for example…
What are the reasons for refusal of a building permit?
There are many reasons for refusal of building permit, more or less motivated. Some are nevertheless more frequent.
The project does not comply with the PLU
Le PLU, or Local Urban Plan, brings together all the town planning rules that a building project of house orhouse extension in a given municipality. Each area of a municipality has its own rules. Height, co-ownership limits, land use, and dimensions are generally well established and there is no question of deviating from them. To obtain your building permit in spite of everything, it will then be enough to correct the obvious errors in the initial project.
Construction impacts the landscape or environment
This refusal is generally observed in the protected areas, whether it concerns the protection perimeters around the monuments or natural areas. If the project has an impact that is assessed as negative on the landscape, it may be refused. In areas of historic monuments, this may involve changing the size of the windows, the materials envisaged or the colour of the shutters, for example, in order to blend in harmoniously with the built environment.
To better understand this topic, read the article: “ The 8 key points for building in a protected sector »
Construction does not take into account natural risks
When the land is buildable, the flood zones, on the river bank, or on the Atlantic coastline, avalanche risk areas such as Pyrenees or ground movements require adapted constructions. Special regulations are generally put in place to protect residents.
Better understand natural risks with the article “ Soil study: stage 1 of a sustainable house in the South-West »
Insufficient access or parking routes
PLUs often impose a number of parking space on land, which must be strictly respected. Similarly, if access to your land is deemed insufficient for emergency vehicles or for local residents, the permit may be refused.
Sanitation issues
When a house is not connected to the sewer system, a autonomous sanitation must be provided. It is advisable to install an approved system, because if your land does not meet the standards in this area, the permit will be refused.
To learn more about this topic, read the article » What autonomous sanitation in new construction?
Objections from the neighborhood
It happens that a legal recourse intervene against your project. The cause may be the presence of a vis-à-vis, a house deemed too close or other. These interventions can delay the project and motivate the refusal or delay in obtaining the building permit.
To go further, read the article “ Buying land: what to look out for? »
Refusal of building permit: advantages and disadvantages
Advantages of refusing a building permit
Le refusal of building permit is usually motivated by very good reasons. Protection of nature, preservation of a harmonious environment…, the objective is generally to preserve the living environment of the inhabitants of the municipality. This encourages project leaders to review their plans and move towards a more accomplished, more elegant version, which will go down better within the municipality.
Consequences of a refusal of a building permit
The first inconvenience is the construction delays of the house. Beyond the personal inconvenience, this delay can cause a chain reaction for many owners through the suspensive clauses. The refusal of a building permit is therefore not insignificant. It can also lead to additional costs for the modifications to be made to the project and the compliances can also modify the cost of the project. In addition, contesting this refusal sometimes gives rise to costly administrative procedures.
How to avoid a building permit refusal?
Understanding local urban planning
Take the time to really familiarize yourself with the town planning rules applicable in your municipality and to understand the issues in order to refine your project.
Get help from a construction professional
To avoid this type of inconvenience, it is better to use a construction professional. A local builder and experienced, having already built in your municipality, knows how to guide you and support you in all administrative procedures.
House builder: what support for the building permit
Your home builder is a real estate professional who is fully familiar with the regulations in force. To avoid wasting time, he will do everything he can to ensure that you obtain your building permit quickly, taking care to find out before designing the final plan.
Furthermore, before launching your project, he will carry out an in-depth study of the land or soil study in order to ensure the feasibility of the project and respect town planning rules of your municipality.
He will be the one who will put together the building permit application file so that there are no missing parts, and who will monitor the processing of the file.
Finally, he will know how to adapt the project in the event of refusal in order to bring it into compliance with the regulations.
Choosing a new home builder, who is also local, is obviously an asset for obtaining your building permit. One less thing to worry about to start the project of a more peaceful life.
