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Administrative procedures

Prior statement and building permit in the case of a pergola

Tuesday 13 December 2011,
by  


All future owners who seek answers to whether to request an authorization or not face a total blur. And the information found on some websites or forums are ignorance, stupidity, see of the organized intox.
This article will help you to see more clearly.

To begin with, evidence that deserves to be recalled: you do not have the right to build a pergola in a non-constructible area.

When it conducts on his home or in his field, there are certain mandatory rules of administrative declaration. There are two types of application:

  • the prior declaration of work (DP) for smaller jobs.
  • the building permit (PC) for more important work.

To be more precise, an RFP is therefore required that the proposed work:

  • create a surface of the SHOB greater than 2 m², and less than or equal to 20 m²
  • or change the external appearance of the building.
  • or change the destination of the building (e.g. transformation of commercial space in dwelling) even when it does not work.

A PC is required if the work envisaged:

  • create a SHOB over 20 m²
  • or alter the bearing structures or the facade of the building, when these works are accompanied by a change of destination (e.g. transformation of commercial space in dwelling);
  • change the volume of the building and percent or enlarge an opening on an outside wall,
  • or focus on a building in the title of the historical monuments or in a conservation area.

In reading these rules, two questions come to us:

  • the construction of a pergola creates t - she of the SHOB?
  • a pergola change t - it the aspect of a home?

A pergola construction creates t - she of the SHOB?

In other words, a pergola creates t - she of the floor area?

If you install your pergola on an existing deck, there is not creating floor since it already exists. However, if you install a pergola, a gloriette or an Arbour with a floor, even light, there is creation of SHOB.

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  • If you install a pergola involving the creation of a floor 2 to 20 m² included, you must file a RFP.
  • If you install a pergola involving the creation of a floor over 20 m², you must file a PC.

You are in one of these two situations, you now know your homework.
But if you do not create floor, still conditions to check.

I install my pergola on the natural soil (garden, grass, gravel, etc) and I created no floor. The ground remains as it is. I only created so not of SHOB. This is true, but there is another criterion taken into account by the administration: the change in external appearance of the building.


A pergola change t - it the appearance of a dwelling?

The creation of a pergola modifies t - it the look of my home?

The answer is Yes of course.
But repainting these components change also the aspect of housing. Ask a light applies changes the aspect of the housing. When we added light equipment, it changes the aspect. Need to even file a DP each time. NOT of course. Otherwise, planning services would be overwhelmed.

Of course, there are imposing pergolas, built with important structures, masonry, with a tile roof. But, it is really in the area of the pergola, is it not?

But a lightweight pergola could perfectly be seen as additional, non-perennial equipment. On the other hand, one might consider that a pergola is an urban furniture. And the form of RFP stimulates explicitly that these facilities are not subject to an RFP.

In any event, we feel that this question is subjective. And according to the importance and the aspect of your pergola, the administration could not follow your own estimate. As a result, wisdom is to visit your City Hall, with a sketch of your project and the arguments that I have to give you. There, it will tell you if your project requires a DP, a PC or not.
If you are in a small town, it is common that these cases are subcontracted to the DDE. In this case, see the two. And if the Town Hall said you that should be a DP, but not the DDE (more competent in theory), return to the Town Hall and required, call the DDE with the local agent to request confirmation.

Another argument to assert: the form of RFP list buildings subject to DP:

  • general case
  • light leisure homes
  • wind turbines
  • towers, Poles, statues, large machinery and structures of the same type, other than wind turbines
  • swimming pools
  • the chassis and greenhouses
  • the walls
  • fences
  • urban furniture
  • the burial vaults and monument
  • the works of infrastructure (track, bridges, port and airport infrastructure)
  • the lines, lines, cables
  • constructions that require secrecy for security reasons
  • books and accessories for electric power distribution lines

A simple pergola doesn’t fit in any of these categories, closely or from afar.

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The criterion of change of aspect is left to the discretion of the administration
= > Made appreciate your project to your Town Hall before.


Saved areas case

A conservation area is an urban area subject to special rules because of its"historic, aesthetic or to justify the conservation, restoration and development value of all or part of a complex of buildings built or not" (town planning Code, arts.) L. 313-1). These sectors include in particular the historic centres of many French cities.

Are you in a conservation area? You do not know? Check with your Town Hall. You may have a surprise.

If you are in a conservation area, then there is no ambiguity: you have the obligation to file a RFP or a PC, regardless of the surface of the pergola, there is creation or non-floor. This approach will allow the competent service, including the architect to historical monuments, to check the compatibility of your project with the Management Charter. The criteria are very strict. And it may be that a pergola is totally inadmissible regardless of architecture or the adopted materials.

Attention, if you fail to do this step and your building is discovered, you have no chance. It will be destroyed at your expense or effort. And you will harvest a substantial fine. Architects of historical monuments are very picky about this.

Moreover, although sensitive natural areas, regional or national parks are not the areas saved in the administrative sense, they are not construction anyway. Therefore not pergolas.

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You are in a sector saved = > DP or PC


Statement prior to a pergola

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form

Click here to fill out the RFP form online

You must fill out the RFP form. You give the usual administrative information, a description of your project. It’s quite simple.

  • Insert "1 - identity and contact information of the registrant": your name, address, etc.
  • Insert "2 - field": description and identification of your field.
  • Insert "3 - project":
    Check "New construction" If there is a pergola (or Bower, gloriette, etc.) independent of the housing. If there is an attached pergola, select "Work on existing construction". Fill in the "Other" mentioning "Pergola" (or Bower, marquise, etc.).
  • Insert "3.2 - floor":
    In the case of a pergola, the surface is not closed. Therefore the SHON is equal to 0. Enter "0" for "The SHON created". ___ To "existing SHON", enter your home SHON.
  • Insert "4 - Legal ceiling of density (LDP)": learn to know the existence of an LDP in City Hall.

The form is easier. But it remains to provide with your completed RFP documents:

  • DP1 - field location: you must indicate on the map scale and orientation, i.e. the direction of North. Choose a scale to clearly identify the land in the municipality. For example, for a project located in rural areas, a scale of the order of the 1: 20, 000 or 1: 25 000 (which is for example a hiking map) should be generally. For a project located in the city a scale of the order of 1/2 000 or 1/5000 (which is for example the local urban development plan or a cadastral map) can be accepted. You must also indicate the location from which the two joined photos (DP7 and RFP exhibits) have been catch, and the angle of shot.
  • DP2 - Plan of the buildings mass to build or modify: you must indicate on the plan its scale and orientation, i.e. the direction of the North as well as the sides, in 3 dimensions (length, width and height). Choose a scale to represent the project in the field. You must also indicate the location from which the two joined photos (pieces DP7 and) (RFP) have been taken, and the angle of shot. The plan of mass must be appear: • the existing buildings on the ground with their dimensions and their exact location. • the pergola to build with its dimensions and its exact location projected; • parts of the land is expected to dig for the project; • existing trees, if there is in showing those who will be maintained and those that will be deleted.
  • DP3 - cutting Plan field and construction: the Cup plan must be show the profile field before and after the work, and the implementation of the constructions from the contour of the land. The Cup plan shows the external volume of constructions. Should allow to assess the impact of the work on the basement and especially to appear along with the field before and after the proposed work. In the case of a pergola, the field is rarely changed.
  • DP4 - Plan of the facades: in the case of an independent pergola plans seen in the face of the pergola, in all directions East, West, North, South. For an attached pergola, the views from the front of the housing with the pergola in all directions impacted.
  • DP5 - Representation of the exterior: normally for a pergola, it is unnecessary.
  • DP6 - graphical Document which the insertion of the project of construction in his environment: this may be the most difficult to produce document. For this document, you can use a photo montage. This is the simplest solution for a non-professional: from an assemblage of photographs showing the existing site and an image of synthesis or a sketch of the project, you can make a view of your project in its environment. More info: Achieve the pergola plans..
  • DP7 - photography to situate the field in the near environment: If your project is located in an urban area, this photograph shows the facade of neighboring buildings, existing trees... If your project is located in the zone rural it shows field and the neighbouring land, trees and the existing vegetation.
  • RFP - photography to situate the land in the distant landscape: If your project is located in an urban area, this photograph shows the general appearance of the streets, public spaces, facades. If your project is located in rural areas it shows the surrounding landscape.

If your project involves work in a historical monument, in a building backed a historic monument, in a building situated in the conservation area in outskirts of a historical monument or heritage protected area
architectural, urban or landscape:

  • DP11 - A record showing the materials used and the terms and conditions of performance of the work. Describe all of the materials used in the work, and the modalities of their implementation and enforcement of the construction site.


Building permit for a pergola

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form

Click here to complete the onlineC form.

If it is a PC that you must file (SHOB > 20 m ²), the explanations of the previous chapter are generally applicable. But the form is in the Insert on the right.

  • Insert "4.2 - Nature of the proposed work":
    Check "New construction" If there is a pergola (or Bower, gloriette, etc.) independent of the housing. If there is an attached pergola, select "Work on existing construction". Fill in the fields "Short description of your project" mentioning "Pergola" (or Bower, marquise, etc.).
  • Insert "4.3 - Surface off gross work":
    Indicate the pergola SHOB. If the pergola created by floor. for example because it will be on an existing deck, the SHOB is equal to 0. If creation of floor, there is creation of SHOB.
  • Insert "4.44 - additional information":
    Type of annexes: select "Other annexes to housing"
    Number of housing created: 0
    Check "Extension"

For the documents and plans to provide for the PC, they are the same as the DP, see previous chapter.


Where file my application?

Your PC or RFP file should be sent to the town hall where the project, registered with request for acknowledgement of receipt, or directly deposited by hand against receipt. The PC is filed in quadruplicate, DP
in two copies. Your file can be processed by the City Council if it
has the skills or subcontracted to the DDE.


What instructions times?

Fortunately, as of 2009, there is improvement for the PC. The normal period of training is 2 months (3 months before 2009). And if there is a problem in your folder, you will be informed of the first month. Before 2009, could receive a further application on the last day (after 3 months) and the delay would resort again for 3 months. This happened to me for peanuts and there is what want to officials. Now, the administration has a duty to efficiency. It was time.

For an RFP, the normal training period is only 1 month.

Attention: in some cases (historical monument, national park, receiving public,...), the training time is increased, you will be then informed in the month following the filing of your application in City Hall.


When am I informed of the decision?

If at the end of the statement period you have received no mail, the silence of the administration will be favourably to PC or opposition to RFP. You will be then issued a certificate stating the date of obtaining the PC or a certificate of non-objection to RFP on simple request. In practice, you will probably receive the
decision of the administration at the very last moment.

However, the administration duty to you report any failure in your folder in the month following your request. If you receive no notification during the 1st month, instruction time will not be extended even if asked you add-ins later.


Use an architect, is it compulsory?

An architect is compulsory if the sum of the surfaces of the buildings exceed 170 sqm of SHON and if your project induced the filing of a PC. It’s all existing and future buildings. So if your current House is 150 m² and you plan to build a pergola of 21 m², you exceed the limit and you will be obliged to take an architect for over 1 m². It’s ridiculous but that is the reality.

In addition, it is likely that you can simply find an architect interested in your small project. And if you find his fees will be critical to your pergola.

If your pergola requires that an RFP, then could not impose an architect, even if your housing SHON + your pergola SHON exceed 170 m ². If an incompetent agent opposed you a refusal for this reason, return it to the source on the site of the Government which says it clearly:
< begin_encart1|align = center|width=60%>Obligation of use

Description:
Can the prior declaration be subject to the requirement of recourse to an architect?

Answer:
Non.

Excerpt from http://www.developpement-durable.go...


And if I decide to move me?

As you can see, the formalities are not very complex, but production of some graphic documents require some technical expertise. Or a pergola, it is a simple project and there is the question of the usefulness of certain documents?
In addition, in some cases, the use of an architect becomes mandatory inducing expenses, delays, harassment, cumbersome.

Then you may be tempted to spend all this paperwork and start your project without saying anything to anyone.

What is the risk?
Response provided us by section L480-4 of the code of urbanism. In short, you risk a fine between 1 €200 and €6097,96 / m² of built area. Therefore, it can be very expensive. And course, it may ask the destruction of your pergola to your expense of course. In case of refusal on your part or recidivism, you risk imprisonment of 6 months and up to €300,000 fine. This is the extreme case.

In practice, it may ask you simply to regularise your situation by filing an RFP or a PC, if your Mayor is nice and you are convincing on your good faith.

That being said, one must understand the usefulness of the approach. Permissions are a necessary. They avoid anarchy and verify the property based projects. It protects the citizen with delusions of his neighbours.
Finally, they allow financial receipts in the communes with the TLE. Taxes, no one likes to pay, but everyone has received an education, benefits of hospital care, uses the road network, etc.

Finally, if you decide to still further, here is good advice: involve your neighbor in your project. Go to his meeting, talk of your project, ask his opinion, shows him your plans, consider his remarks. Because the majority of illegal projects, the fuse was sold by the neighbour. And if your neighbor is a c... then made things in the rules. You gain time and money in the end.


I have permission, can I start the work?

Be it for a PC or a RFP, tacit or explicit notification (mail)
(exceeded the legal time limit of instructions) of the positive decision, you will need to perform a display on the ground on a rectangular panel whose dimensions are greater than 80 centimeters. The Panel shall be installed so that the
information it contains are readable public track for the duration of the construction.

The licence is an administrative authorization subject to the right of third parties. It does not check if the project meets the rules of private law and other regulations. Any person considering himself injured by the infringement of the right to property or other provisions of private law can therefore assert its rights by entering the civil courts, even if the permit follows the rules for urban planning. Can the public view to inform third parties (neighbourhood) of your project and gives them the
possibility of challenge. It was tempting to not encourage the devil in "forgetting" to your Panel. It is an attitude that has three major disadvantages:

So, you can take the precaution to keep evidence that you have complied with
the view at the time. To do this, do you take a photo, right next to your display panel, you keep in hand a major national newspaper dating back to the same day and show the first page. Then you you send to yourself the recommended photo and you especially don’t open this mail. Complaint, sealed it will be irrefutable proof that you open before a judge only.

Attention: before beginning work, you must contact a site in three copies opening statement at the Town Hall.


How long do I have to do the work?

The permit or the decision of non-opposition to a prior declaration (relating to an operation with work) is obsolete if not undertaken within 2 years of its notification.

Attention: the licence or the decision of non-opposition to a prior declaration may be extended for a year, at the request of the beneficiary. The request must be made in 2 copies and must be sent by registered mail with application
advice of delivery (or filed for mayor) two months prior to the expiry of the period of validity.

Completed :
You must send a statement certifying the completion and compliance of the work by registered mail with request for acknowledgement of receipt to the Mayor of the commune or the filed against discharge at the Town Hall.

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