Key Benefits:
Publics concerned: private individuals, territorial authorities, companies, construction professionals, builders and builders.
Subject: soil law - enforcement measures of the law for access to housing and renovated urban planning and corrective measures.
Entry into force: the provisions of this Decree shall apply effective 1 July 2015. The 8th and 11th of Article 4, relating to the determination of the competent authority, are, however, applicable only to requests for urban planning authorization filed from that date.
Notice: the decree contains, on the one hand, several measures to implement the Act No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning.
In order to take into account all habitat modes, the Order provides for two sets of provisions relating to demountable or mobile residences that constitute permanent habitat for their users. With regard to demountable residences, it provides a proper legal definition as well as the necessary formalities for their installation on land arranged to receive them. With regard to land intended to receive mobile residences from travellers, such as reception areas and family lands, it provides for a rationalization of urban planning procedures. In both cases, formalities are related to the capacity of the land concerned.
In addition, the decree supplements the list of documents required in the application files for a building permit or pre-reporting permit, in the case of projects under a Partienarial Urban Project Agreement (PUP) or located within a PUP perimeter bounded by the competent community for the urban planning document.
It also includes two measures to implement the same law, relating to the competence of the prefect to issue urban planning authorizations for the purpose of developing housing supply in municipalities with social housing deficits.
Finally, always under the application of the ALUR law, the draft decree provides for the provision of the internal plans, upon request of the mayor, in the event of a request for urban planning regarding the construction of a collective building.
On the other hand, the decree amends soil law on several points:
It clarifies the modalities for the creation and expansion of camping sites subject to permits to be developed and specifies the legal regime of light leisure homes and mobile leisure residences and their mobile accessories (access ramps, terraces, auvents). Further to the objective of simplification of the land law licensing regime, and to take into account that inert waste storage facilities (ISDI) will in the future potentially be subject to registration formality under the legislation on facilities classified for the protection of the environment (ICPE), the decree toilets the article of the urban planning code providing that ISDI is exempted from urban planning authorization. In the same spirit, this decree exempts the authorization of urban planning from any project that is subject to control under the advertising legislation falling within the scope of environmental code.
Finally, in order to combat the dilatory and illegal practices of some instructors to ask for documents that are not included in the content of a request for permission for urban planning, the decree expressly prohibits any such practice.
Editorial and numbering corrections were also made by the decree.
References: the urban planning code Amended by this decree can be consulted in the drafting of these amendments on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Housing, Land Equality and Rurality,
Vu le Trade codeincluding articles L. 752-1, L. 752-17 and R. 752-6;
Vu le building and housing codeincluding article L. 302-9-1;
Vu le environmental codeincluding its article L. 120-1, chapters I and II of title I and chapter I of title VIII of Book V and articles R. 122-2, R. 122-3 and R. 122-5;
Vu le Heritage Codeincluding articles L. 621-30 and L. 642-9;
Vu le general code of public ownershipincluding article L. 2124-18;
Vu le Tourism code ;
Vu le urban planning code4 R. 111-4, L. 111-10, L. 111-1-6, L. 123-1-5, L. 313-1, L. 332-11-3, L. 444-1, R.* 111-32, R.* 111-32-1, R.*111-34, R.* 111-34-1, R.* 111-42, R.* 111-46-1, R.* 123-13, R.*
Vu la Act No. 2000-614 of 5 July 2000 relating to the reception and habitat of travellers, including Article 1;
See?Order No. 2005-1527 of 8 December 2005 relating to building permits and urban planning authorities, including Article 41;
Considering the advice of the National Standards Assessment Board dated 4 December 2014;
The State Council (section of public works) heard,
Decrete:
Chapter I of Book I title I of urban planning code is amended to read:
1° Section R. * 111-32 is replaced by the following provisions:
"Art. R. * 111-32.-I.-Small recreational homes can be located in:
"the residential recreational parks specially designed for this purpose;
«-the holiday villages classified as light accommodation in application of Tourism code ;
"the dependencies of family holiday homes approved according to the Tourism code ;
"-the campgrounds regularly created, with the exception of those created by a pre-report or created without authorization to make, by a declaration in town hall, on the basis of the provisions of the urban planning code in their writing prior to 1 October 2007 or constituting natural camping areas.
"II.-In the campgrounds defined in I where the implantation of light recreational dwellings is permitted, their number must also remain less than thirty-five when the land includes less than 175 pitches, or 20% of the total number of pitches in other cases.
"III.-Awnings, access ramps and removable terraces can be accessed to light recreational dwellings located in the enclosure of the places defined in I where their location is permitted. These accessory installations, which should not be held on the ground by sealing or any other permanent fixation, must be capable, at any time, easily and quickly dismountable. » ;
2° In the second paragraph of article R. * 111-32-1, after the words: "of a land" are inserted the words: "of a campsite";
3° Section R. * 111-34 is replaced by the following provisions:
"Art. R. * 111-34.-I.-Mobile leisure residences can only be installed in:
"the residential recreational parks mentioned in I of Article R. 111-32, other than those created after October 1, 2007 and operated by assignment of sites or by rental of sites of a duration greater than one year;
«-the holiday villages classified as light accommodation in application of Tourism code ;
"-the campgrounds regularly created, with the exception of those created by a pre-report or created without authorization to make, by a declaration in town hall, on the basis of the provisions of the urban planning code in their writing prior to 1 October 2007 or constituting natural camping areas.
"II.-Awnings, access ramps and removable terraces can be accessed to mobile leisure residences located in the premises set out in I where their installation is permitted. These accessory installations, which should not be held on the ground by sealing or any other permanent fixation, must be capable, at any time, easily and quickly dismountable. » ;
4° In article R. * 111-34-1 of the urban planning code, the words: "of a land, holiday village or family home mentioned in the 2nd and 3rd of article R. 111-34" are replaced by the words: "a campground or a holiday village mentioned in the I of article R. 111-34";
5° Section R. * 111-42 is amended to read:
(a) At 2°, after the words: "in the classified sites" are inserted the words: "or in the classification stage";
(b) The 3° is replaced by the following:
« 3° Except as granted under the same conditions as those defined in 1°, in the saved areas created under Article L. 313-1, in the field of visibility of buildings classified under historical monuments and classified or registered parks and gardens and having been subject to a scope of protection delimited under the conditions specified in theArticle L. 621-30 of the Heritage Code as well as in architectural and heritage development areas or, where they remain, in areas of architectural, urban and landscape heritage protection and in areas of protection mentioned in theArticle L. 642-9 of the Heritage Code, established on the basis of articles 17 to 20 of the law of 2 May 1930 to reorganize the protection of natural monuments and sites of artistic, historical, scientific, legendary or picturesque character; » ;
6° Section 5 is replaced by the following:
“Section 5
"Demountable residence provisions constituting permanent habitat for their users
"Art. R. * 111-46-1.- They are viewed as demountable residences constituting the permanent habitat of their users facilities without foundations with internal or external equipment and which can be autonomous vis-à-vis public networks. They are intended for housing and occupied as a principal residence at least eight months a year. These residences and their outdoor equipment are, at any time, easily and quickly dismountable. » ;
7° Sections 5.6 and 7 respectively become Sections 6.7 and 8.
The 17th of section R.* 123-13 of the urban planning code is replaced by the following provisions:
« 17° The perimeters delimited by a deliberation of the municipal council or the deliberative organ of the competent public intercommunal cooperation institution or by pre-fectoral order pursuant to the II of Article L. 332-11-3 as well as the perimeters fixed by the municipal project conventions referred to in Article L. 332-11-3; "
Section R.* 332-28 is repealed.
Title II of Book IV of the Urban Planning Code is amended as follows:
1° In the b of Article R. * 421-2, the words: "as mentioned in 1° to 4° of Article R. 111-32" are replaced by the words: "as mentioned in I of Article R. 111-32";
2° After the article R. * 421-8-1, an article R. * 421-8-2 is inserted as follows:
"Art. R. * 421-8-2.-Sont dispensed with any formality under this code, because of their removable character, the awnings, access ramps and terraces attached:
"to light leisure homes located in the premises defined in I of Article R. 111-32 where their establishment is permitted;
"-to mobile leisure residences installed in the premises defined in I of Article R. 111-34 where their installation is permitted. » ;
3° In the second part of Article R. * 421-11, the words: "as mentioned in 1° to 4° of Article R. 111-32" are replaced by the words: "as mentioned in Article R. 111-32";
4° Section R. * 421-17 is amended to read:
(a) In d, the words: "in application of the 7th of Article L. 123-1-5, as having a heritage or landscape interest;" are replaced by the words: "in application of the 2nd of Article L. 123-1-5, as having a cultural, historical, architectural or ecological interest; » ;
(b) The e is replaced by the following:
“e) The work carried out on existing constructions having the effect, where such constructions are located in a territory not covered by a local urban planning plan or by an urban planning document taking place, of modifying or deleting an element identified as having a heritage, landscape or ecological interest, pursuant to Article L. 111-1-6, by a deliberation of the municipal council, taken after the completion of the public inquiry provided for in that section; » ;
5° Section R. * 421-19 is amended to read:
(a) The c is replaced by the following:
"(c) The creation or expansion of a camping site allowing the reception of more than twenty people or more than six leisure accommodations consisting of tents, caravans, mobile leisure residences or light leisure homes; » ;
(b) In d, the words: "as provided in the 1st of Article R. 111-34" are replaced by the words: "as provided in the I of Article R. 111-34";
(c) The article is supplemented by two paragraphs as follows:
"(l) The development of built or unbuilt lands provided for in Article L. 444-1, for the reception areas and family lands of the travellers, allowing the installation of more than two mobile residences referred to in Article 1 of Act No. 2000-614 of 5 July 2000 on the reception and habitat of the travellers, constituting the permanent habitat of the travellers;
“m) The development of built or unbuilt land to allow the installation of at least two demountable residences creating a total floor area of more than forty square metres, defined in section R. 111-46-1 and constituting the permanent habitat of their users. » ;
6° Section R. * 421-23 is amended to read:
(a) In the seventh paragraph, the word "renewable" is deleted;
(b) At h, the words: "in application of the 7th of Article L. 123-1-5, as having a heritage or landscape interest;" are replaced by the words: "in application of the 2nd of Article L. 123-1-5, as having a cultural, historical, architectural or ecological interest; » ;
(c) i is replaced by the following:
“(i) Work other than those carried out on existing buildings having the effect, when taking place in a territory not covered by a local plan of urban planning or by an urban planning document taking place, of modifying or deleting an element identified as having a heritage, landscape or ecological interest, pursuant to Article L. 111-1-6, by a deliberation of the municipal council, taken after the completion of the public inquiry under that section; » ;
(d) The k is replaced by the following:
“(k) The development of built or unbuilt lands provided for in Article L. 444-1, intended for the reception areas and the family lands of the travellers, which do not require a permit to move under Article R. 421-19;
(e) The article is supplemented by a paragraph to read:
"(l) The development of built or unbuilt land to allow the installation of several demountable residences defined in section R. 111-46-1, creating a total floor area of less than or equal to forty square metres, constituting the permanent habitat of their occupants and not requiring a permit to be adapted pursuant to section R. 421-19. » ;
7° The e of Article R. * 421-28 is replaced by the following provisions:
“e) Identified as being to be protected by being located within a perimeter defined by a local plan of urban planning or urban planning document taking place pursuant to the 2nd of the III of Article L. 123-1-5, or, where it is located in a territory not covered by a local plan of urbanism or a document of urbanism taking place, identified as having a heritage, landscape or ecological interest, » ;
8° After the e of Article R. * 422-2, two paragraphs are inserted as follows:
“(f) For the works, constructions or installations mentioned in article L. 2124-18 of the general code of public property;
“(g) For housing constructions located in the sectors arrested by the prefect pursuant to the second paragraph of Article L. 302-9-1 of the Construction and Housing Code; » ;
9° After the article R. * 423-38, an article R. * 423-38-1 is inserted as follows:
"Art. R. * 423-38-1.-Where the building permit is valid for commercial exploitation, the indication, if any, by the secretariat of the departmental commission of commercial development to the mayor concerned of missing parts on the application for commercial exploitation authorization referred to in section R. 431-33-1 and the transmission by the mayor of these parts shall be made within the time limits and in the manner provided for in section R. 431-33-1.Article R. 752-10 of the Commercial Code.
10° After the first paragraph of Article R. * 423-44-1 are inserted two paragraphs as follows:
"(a) that, in the event that an appeal is filed before the national commission within the time limit for the construction permit, this time limit would be increased by five months from the appeal;
"(b) that in the event of a lack of appeal or rejection of the appeal, a tacit permit shall not be available under section R. 424-2. » ;
11° In article R. * 425-10, the words: "included between the dikes and the river or on the dikes and lifts, or on the islands," are replaced by the words: "situated less than 19,50 meters from the foot of the lifts on the side of the val," and the words: "of the agreement provided for in article L. 2124-18 of the same code as soon as the decision has been agreed on the are replaced by the words: "prefectural authorization taken under article L. 2124-18 of the same code. » ;
12° After the article R. * 425-15, an article R. * 425-15-1 is inserted as follows:
"Art. R. * 425-15-1.-When the project is subject to commercial operating authorization pursuant toArticle L. 752-1 of the Commercial Code, the building permit shall take place of commercial exploitation authorization as long as the application for a permit has been the subject of a favourable opinion from the Departmental Commercial Development Commission or the National Commercial Development Commission in the cases and conditions fixed by theArticle L. 752-17 of the Commercial Code.
13° In article R. * 425-25, after the words: "submitted to declaration" is inserted the word ", registration", and after the words: "this statement", are inserted the words ", this recording";
14° Section R. * 425-29 is replaced by the following provisions:
"Art. R. * 425-29.-The installation of advertising devices, signs or pre-signs, governed by the provisions of Chapter I of Title VIII of Book V of the Environmental Code, is exempted from pre-reporting or building permits. » ;
15° Section R. * 427-1 is amended to read:
(a) At 2°, the words "sixth alienna" are replaced by the words "eighth paragraph";
(b) The f becomes an h ;
(c) At 3°, the reference to f becomes the reference to h.
Title III of Book IV of the urban planning code is amended as follows:
1° Article R. * 431-4 is amended as follows:
(a) In c, the words "in R. 431-34" are replaced by the words "in R. 431-34 and R. 431-34-1. » ;
(b) After the last paragraph, the following paragraph is added:
"No other information or part may be required by the competent authority. » ;
2° In Article R. * 431-23-2, after the words: "projected work" are inserted the words: "are the subject of a Partienarial Urban Project Agreement or" and the words: "in Article L. 332-11-3," are replaced by the words: "in Part II of Article L. 332-11-3,"
3° Section 2 of Chapter I is supplemented by a sub-section 4, which reads as follows:
"Subsection 4
"Information relating to the interior development of collective housing buildings
"Art. R. * 431-34-1.-When the project concerns the construction of collective housing, the file attached to the building permit application includes, if requested by the mayor, the interior plan of the building. » ;
4° After the last paragraph of section R. * 431-35, the following paragraph is added:
"No other information or part may be required by the competent authority. » ;
5° Article R. * 431-36 is amended as follows:
(a) The second paragraph of Article R. * 431-36 is replaced by the following:
"It shall be supplemented, if any, by the documents referred to in (a) and (b) of article R. 431-10, sections R. 431-14 and R. 431-15, to (b) and (g) of article R. 431-16 and to sections R. 431-18, R. 431-18-1, R. 431-21, R. 431-23-2, R. 431-334, R. 431-31 to R. » ;
(b) After the last paragraph, the following paragraph is added:
"No other information or part may be required by the competent authority. » ;
6° In article R. * 434-2, the word "statistics" is deleted and the words "of article R. 431-34" are replaced by the words "articles R. 431-34 and R. 431-34-1."
Title IV of book IV of the urban planning code is amended as follows:
1° After the article R. * 441-4, an article R. * 441-4-1 is inserted as follows:
"Art. R. * 441-4-1.-When the development project is the subject of a Partienarial Urban Project Agreement or is located within a Parenarial Urban Project Perimeter referred to in Article II of Article L. 332-11-3, the application is accompanied by an excerpt from the agreement specifying the location of the Partienarial Urban Project and the duration of the exemption of the development tax. » ;
2° After the article R. * 441-6, an article R. * 441-6-1 is inserted as follows:
"Art. R. * 441-6-1.-When the application relates to the development of a land for the installation of demountable residences defined in section R. 111-46-1, constituting the permanent habitat of their users and having equipment not connected to public networks, the applicant attached to its file, pursuant to section L. 111-4, a certificate carrying out a fire to ensure compliance These conditions are fixed, if any, by the local plan of urban planning, in particular in the areas delimited pursuant to 6° of II of Article L. 123-1-5.
"This certificate is provided under the applicant's responsibility. » ;
3° After the article R. * 441-8-1, it is added an article R. * 441-8-2 as follows:
"Art. R. * 441-8-2.-No other information or part may be required by the competent authority. » ;
4° In the last paragraph of Article R. * 441-10, the words: "at the a of Article R. 441-6, sections R. 441-7 to R. 441-8-1 and the b of Article R. 442-21." are replaced by the words: "at R. 441-4-1, at the a of Article R. 441-6, to R. 441-6-1 and R. 441 (b). » ;
5° After the article R. * 441-10, it is added an article R. * 441-10-1 as follows:
"Art. R. * 441-10-1.-No other information or part may be required by the competent authority. » ;
6° Section R. * 443-5 is replaced by the following provisions:
"Art. R. * 443-5.-The application file also includes the impact study planned for the applicationArticle R. 122-5 of the Environmental Code or the decision of the administrative authority of the competent State in respect of the environment dispensing from such a study taken under the conditions set out in articles R. 122-2 and R. 122-3 of the same code. »
The title V of book IV of the urban planning code is thus modified:
1° Section R. 451-5 is repealed as follows:
"Art. R. * 451-5.-When the demolition of the construction is to be assessed on a Natura 2000 site pursuant to section L. 414-4 of the Environmental Code, the file attached to the application also includes the impact assessment file set out in section R. 414-23 of the Code. »
2° After the article R. * 451-6, it is added an article R. * 451-7 as follows:
"Art. R. * 451-7.-No other information or part may be required by the competent authority. »
This Order comes into force on 1 July 2015.
The provisions of sections R. 422-2 and R. 425-10 of the urban planning code in their drafting, respectively, of the 8th and 11th of section 4 of this decree apply only to applications for authorization filed from that same date.
The Minister of Housing, Land Equality and Rurality is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on April 27, 2015.
Manuel Valls
By the Prime Minister:
Minister of Housing, Land Equality and Rurality,
Sylvia Pinel
