We are all concerned by climate change and know how important it is to reduce our environmental impact.
The buildings alone are said to be responsible for one third of the global greenhouse gas emissions. The Real Estate Sector is significantly involved in corrective environmental issues and need to constantly implement new initiatives.
In 2007, the French Gouverment adopted a decree focusing on energy consumption monitoring within buildings. The landlords need to abide to the new regulations and now need to demonstrate what they have implemented towards this matter. They have to carry out inspections, understand the energy spending status of their property and address all issues that would enable better energy spending levels.
The « Code de la construction et de l’habitation (R.134-14 à R.134-17) » and the « arrêté du 28 février 2013 » set the end of 2016 for being compliant with the texts
If you plan to build, renovate a building you may have to seek and obtain planning consent. The approval has to be obtained before any work begins. You will need contact your local planning authority. You have to lodge in an application which will help the authorities check that you are respecting the statutory and local regulations. In order to maximize the chances of obtaining the approval you may need to investigate as far as the building structure, the fire safety systems, verify the ventilation and air conditionning, the electrical installation, ensure you know of any hazard such as lead or asbestos.
The local authority will process your request and will get back to you with a positive answer or with the need for additional information.
Make sure you are represented locally to go through the maze of necessary documentation.
If you have to take down a building for any reason, you need to obtain an authorisation from the authorities. You ought to get an approval even though your property may have suffered heavy damages requiring demolition in parts.
Very much like for a new build, you will need to lodge in your request based on the official document Cerfa n°13405*03 that you need to fill in.
With no response within two months the autorisation is deemed granted however there are stages to follow before proceeding with the works.
We can help you through the steps and take you to starting your project.
The “Loi Spinetta” of 1978 (Articles 1792 and 1792-4-1 of the French Civil Code and others) allow for “builders” to be found liable for up to ten years (“decennial liability”) from acceptance of the construction works when the building suffers from damages of a certain gravity, without any requirement to prove fault, to claim for repairs.
“Builders” are widely defined under Article 1792-1 of the French Civil Code as (1) architects, contractors, technicians, or other persons bound to the building by a contract of hire of work (2) any person who sells, after completion, a work which he built or had built (3) any person who, although acting in the capacity of agent for the building owner, performs duties similar to those of a hirer out of work.
Decennial liability is a matter of public order, which means that it is impossible to exclude it, either contractually between a building owner and the “builders”, or between these and their insurers.
Decennial liability survives whatever change may affect the ownership of the building, to the benefit of every successive purchaser of the property. In parallel, with the purpose of making the Civil Code provisions efficient, the French Insurance Code provides for compulsory insurances, both for the building owner and the builders. Thus, under Article L 241-1, a builder must be covered by compulsory liability insurance (known as “assurance de responsabilité obligatoire”); and under Article L 242-1 a building owner must be covered by compulsory insurance against damage (“assurance de dommages obligatoire”, commonly known as “assurance dommages-ouvrage”).
Ad’AP is a plan intending to help landords or tenants alike to modify their buildings for enabling access to disabled people.
This plan is statutory. You will need to show what is not compliant and indicate what has to be modified. The plan will be supported by a Schedule of Works as well as a detailed budget for the items to be implemented.
The plan had to be returned to the authorities by the 27th of September 2015. Even though the date is long gone you can still return your project to your local planning authority and avoid being fined.