Do you want to build a garden house without seeking approval from the town hall? Attention, if this construction requires a building permit or prior notification of works. Unauthorized performance of certain works is a zoning violation, which leads to your civil and criminal liability.
In some cases, a building permit is required
As stated on the Public Administration website, all new buildings, even without foundations, over 20 m² require a building permit from the town hall. It is also mandatory for certain additions to existing buildings (height, porch, etc.) and for their change of destination (eg a living room that becomes a commercial space).
Work that is not covered by a building permit usually requires prior notification of the work.
In general, this work increases the property owner’s local tax burden (property tax and housing tax).
A minimum fine of €1,200
The lack of planning permission for your garden house “can be reported by the councillor, your local mayor or neighbours,” says the Let Me Build website, an online service that helps individuals get planning permission. A report is then drawn up against you. Your municipality may notify you to remedy your situation (request a permit, editor’s note) and/or take legal action to initiate criminal proceedings at the state attorney’s office. »
According to the Urban Planning Act, construction without a building permit is punishable by a fine from EUR 1,200 to an amount which, in the case of floor area construction, may not exceed an amount equal to EUR 6,000 per square meter of illegally built area.
Compliance, demolition…
The court can order you to comply (that is, apply for a building permit if the building complies with the applicable rules), demolish a building that was not permitted (does not comply with zoning rules), or return the land to its previous state (we are talking about rezoning of land).
A deadline may be set for this. It may be accompanied by a fine of up to EUR 500 per day of delay.
A work stoppage can be ordered even if the work is not completed. The mayor is responsible for its regulation.
Prison sentence
In addition to the fine to be paid, a six-month prison term may be imposed in the event of a repeat offence.
The limitation period
After six years from the full completion of the work, you can no longer be prosecuted, the criminal offense is then time-barred.
But even after this period, the municipality can infer your civil liability within a limit of 10 years from the completion of the work. “He will then refer the case to the court of law to order the demolition or bring your building into compliance,” explains Service-public.fr.
And what about taxes?
Finding an offense will lead the tax authorities to demand what you owe them… Certain developments can increase the rental value of your property, which serves as the basis for calculating housing tax (if you are still liable for your main residence) and for property tax. And for certain buildings (depending on the built-up and covered floor area and ceiling height created) you also have to pay development tax. So many amounts you will have to pay to adjust your situation.