Real construction is one of the fields which require to know but also to follow several formalities. Indeed, to declare work is not enough to open the building site, because it is also necessary to set up fences to determine the space covered by construction. In this kind of situation, in fact the local authorities are qualified to authorize its establishment.
The legislation and rules for the construction of a fence
Formerly, the deposit of building permit was obligatory for all private individuals what was not the case any more since 1986. As from this period, a declaration of the work given to the town hall is enough. The form of this declaration can be obtained with the town hall, a document which comprises already a mention relating to the affixing of fence. This one determines the space of the building site and mentions important information like:
• the plan of situation of the ground
• the plan of establishment of the building site
• the plan giving an idea on measurements and the kinds of materials
An authorization of fence is necessary whatever the dimensions and the nature of materials necessary for its establishment: bricks, stones, palisades, breeze blocks, grids, piles, etc
In general, this authorization applies in urban area but also in certain rural sectors. This one is obligatory for any construction of fence in the common ones proposing a plan of occupation of the official grounds or a local plan of town planning. That is visible in communes established on sensitive areas. Those being part of a list drawn up by order of the prefect after opinion of the local authorities.
In fact, according to the Civil code, any French has the right to raise fences to determine their properties within the limit of the compliance of the conditions of conventional constraints and the rules of vicinity. So there does not need to state it as a preliminary to do it except for the above mentioned cases. Moreover, it is not necessary any more to require an authorization of town planning for any rise in any locality since 1986.
Procedures to be followed and typical cases
Many people are ready to declare work of rise in a fence and to ask for the relative building permit. It is the owner of the ground, its representative or another person authorized to do it. In this case, it is necessary to expect 1 or two months before the authorization of construction.
The time is two months for a project which is under the competence of another authority that the local authority. It is the case of constructions which will be carried out on a zone of safeguarding of work. After the competent jurisdictions accept, the rise in the fence can be immediately made, except if they envisaged urban and specific environmental matter regulations.
In the case of a declaration concerning a fence in a classified site, the withdrawal period can even be prolonged with more than two months, and even to reach 5 years. If in this temporary interval the authorities do not give their opinion, that wants to say that they tacitly accepted the project of rise in fence. In fact, this agreement must be transmitted by communal decree. |
