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Be in accordance with the regulatory

Thursday 22 March 2012,

In addition to the preceding article, a few clarifications and supplements on the rules

Say the Act relatively to the construction of a pergola or an Arbour? Should I make a prior declaration of work in City Hall, or apply for a building permit? What distances me be respected?

All said, everything is written, but constructions, whatever they are, the only truth is that of the rules that the administration gives you. So no improvisation on the pretext that the neighbour has everything without asking anything. The best advice in all cases is to take the time to inquire directly at the Town Hall (or) with the competent planning service. Attention also to the regulations of the subdivision if you are concerned.

Collapsible or dismountable, small or large?

In General, a simple Arbor 3 to 5 m2 intended to be removable at the garden requires no authorization. A covered alley of a lightweight Arbor made hoops to receive a few climbing plants, not more. But these exceptions oppose all other buildings for which the greatest vigilance is required.

The problem is whether the building is fully open to the sky or not to consider the occupied surface. Pergola and Arbor consist of a frame made of Poles or columns (fine if they are metal, thick if they are concrete) supporting beams and horizontal bars and constituting an open structure to serve as a support for vegetation or a canvas. Such a construction must be regarded as a construction full then it is a height greater than 1.50 m and a surface ground more of 5 m². If size is less than 20 m ², its implementation is subject to the procedure of prior declaration of work and the Mayor may legally oppose it (Reference:-administrative Court of appeal of Nantes, 6 April 2004, req. No. 02 - 1016) If this type of construction is not in the exceptions to the prohibition of building planned by urban planning documents. This is the case for many communes and in many areas. For small pergolas attached to a façade, a statement of work is necessary because it has change the visibility of the walls of the habitat.

If the pergola or the Arbor exceeds 20 m ², a building permit application is almost always mandatory. The arbors and pergolas independent and not attached to a House, the permit application is required given the area on the ground changed.

Limits in the vicinity and height

There still caution is necessary and it is necessary to consult the competent services to protect sources of future potential trouble with the neighbourhood. For example, there is a danger to rely on a wall without knowing exactly what is its terraced.

Some laws also provide a distance in the vicinity of 3 m here, addition of 1 m. To the extent that the pergola (regardless of its height) covers a terrace, it is creative S.H.O.B. and must respect rules of urban planning, including the rules of right-of-way on the ground, the distance from the limits. The texts are without ambiguities at these levels. Also, even with permission, prior to its construction, sure to know the boundary locations of your land.

Finally, we must be vigilant on two points:

  • the created if towards the pergola or the Arbor allow newly, in their orientation, look what happens next door.
  • the height of vegetation when the pergola is within two metres of the limit of neighbourhood: climbing plants on the pergola can be a source of litigation if they exceed 2 m high and, or, if certain branches beyond the separation fence.

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