GENERAL PLANNING RULES
LexInter | July 17, 2013 | 0 Comments

GENERAL PLANNING RULES

Chapter I: General rules of town planning

Article L111-1

(Law n ° 75-1328 of December 31, 1975 Official Journal of January 3, 1976)

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977 art. 1 date of entry into force January 1, 1978)

(Law n ° 77-2 of January 3, 1977 Official Journal of January 4, 1977)
(Law n ° 2000-1208 of December 13, 2000 art. 202 I Official Journal of December 14, 2000)
   The general rules applicable, apart from agricultural production in terms of land use, in particular with regard to the location, service, siting and architecture of constructions, the method of fencing and the decent keeping of properties land and buildings, are determined by decrees in the Council of State.
These Council of State decrees may provide for the conditions under which exceptions to the rules they enact are made in certain territories.
The general rules mentioned above apply in all municipalities with the exception of territories with a land use plan made public or an approved local urban plan, or the document in lieu thereof. A Council of State decree fixes those of these rules which are or may nevertheless remain applicable in the territories covered by these documents.

Article L111-1-1

(Law n ° 83-8 of January 7, 1983 art. 36 Official Journal of January 9, 1983)
(Law nº 95-115 of February 4, 1995 art. 4 Official Journal of February 5, 1995)
Law n ° 99-533 of June 25, 1999 art. 47 Official Journal of June 29, 1999)
(Law nº 2000-1208 of December 13, 2000 art. 11, art. 202 XII Official Journal of December 14, 2000)
   Territorial planning directives can set, in certain parts of the territory, the fundamental orientations of the State in matters of planning and balance between the perspectives of development, protection and enhancement of the territories. They set the main objectives of the State in terms of the location of major transport infrastructures and major equipment, as well as in terms of the preservation of natural spaces, sites and landscapes. These directives may also specify for the territories concerned the modalities of
Territorial planning directives are drawn up under the responsibility of the State, at its initiative or, where applicable, at the request of a region, after consultation with the regional economic and social council.
The draft directives are drawn up in association with the regions, departments, towns and administrative centers of the arrondissement as well as municipalities with more than 20,000 inhabitants and groups of municipalities competent in the field of spatial planning or development. interested urban planning and massifs committees. Their opinion is deemed favorable if it has not been reached within three months of their referral. These projects are subject to public inquiry under the conditions provided for by decree. Any directives modified to take account of these opinions are approved by decree of the Council of State.
The territorial coherence plans and the sector plans must be compatible with the territorial planning directives and with the specific prescriptions provided for by III of article L. 145-7. In the absence of these documents, they must be compatible with the provisions specific to mountain areas and the coast of Articles L. 145-1 and following and L. 146-1 and following.
Local urban plans, municipal maps or the documents in lieu thereof must be compatible with the orientations of the territorial coherence plans and the sector plans. In the absence of these diagrams, they must be compatible with the territorial planning directives and with the specific prescriptions provided for in III of article L. 145-7. In the absence of these documents, they must be compatible with the provisions specific to mountain areas and the coast of Articles L. 145-1 and following and L. 146-1 and following.
The provisions of the territorial planning directives which specify the methods of application of Articles L. 145-1 et seq. On mountain areas and of Articles L. 146-1 et seq. On coastal areas apply to people and operations. mentioned therein.

Article L111-1-2

(Law n ° 83-8 of January 7, 1983 art. 38 II Official Journal of January 9, 1983)

(Law nº 86-972 of August 19, 1986 art. 1 Official Journal of August 22, 1986)
(Law n ° 95-115 of February 4, 1995, art. 5 I Official Journal of February 5, 1995)
(Law nº 2000-614 of July 5, 2000 art. 8 1º Official Journal of July 6, 2000)
(Law nº 2000-1208 of December 13, 2000 art. 33, art. 202 II Official Journal of December 14, 2000)
(Law n ° 2003-590 of July 2, 2003 art. 34 I Official Journal of July 3, 2003)
   In the absence of a local town planning plan or municipal map opposable to third parties, or any town planning document taking its place, the only things authorized are, apart from the currently urbanized parts of the town:
1 ° Adaptation, change of destination, the repair or extension of existing constructions;
2 ° The constructions and installations necessary for collective facilities, for the creation of reception areas or passageways for travelers, for agricultural exploitation, for the development of natural resources and for the realization of operations of national interest;
3 ° Constructions and installations incompatible with the vicinity of inhabited areas and the measured extension of existing constructions and installations.
4 ° Buildings or installations, upon reasoned deliberation of the municipal council, if the latter considers that the interest of the municipality, in particular to avoid a decrease in the municipal population, justifies it, as long as they do not affect the safeguard of natural spaces and landscapes, health and public safety, that they do not entail a significant increase in public expenditure and that the project is not contrary to the objectives referred to in Article L. 110 and to the provisions of Chapters V and VI of Title IV of Book I or to the territorial planning directives specifying their modalities of application.

Article L111-1-4

(Law n ° 83-8 of January 7, 1983 art. 73 Official Journal of January 9, 1983)
(Law n ° 85-30 of January 9, 1985, art. 75 Official Journal of January 10, 1985)
(Law n ° 85-696 of July 11, 1985 art. 3 Official Journal of July 12, 1985)
(Law nº 86-2 of January 3, 1986 art. 7 Official Journal of January 4, 1986)
(Law n ° 95-101 of February 2, 1995, art. 52 Official Journal of February 3, 1995 in force on January 1, 1997)
(Law n ° 2000-1208 of December 13, 2000 art. 12, art. 202 III Official Journal of December 14, 2000)
(law n ° 2003-590 of July 2, 2003 art. 34 II Official Journal of July 3, 2003)
(Law n ° 2005-157 of February 23, 2005 art. 200 Official Journal of February 24, 2005)
(Ordinance n ° 2004-637 of July 1, 2004 art. 28 II Official Journal of July 2, 2004 in force on July 1, 2006)
(Law n ° 2005-157 of February 23, 2005 art. 200 Official Journal of February 24, 2005)
   Outside the urbanized areas of the municipalities, constructions or installations are prohibited within a strip of one hundred meters on either side of the axis of motorways, expressways and deviations within the meaning of the highway code and sixty – Fifteen meters on either side of the axis of other high traffic classified roads.
This prohibition does not apply:
– to constructions or installations linked or necessary to road infrastructures;
– public services requiring immediate proximity to road infrastructure;
– farm buildings;
– networks of public interest.
It also does not apply to the adaptation, change of destination, repair or extension of existing buildings.
The local urban plan, or an urban planning document in lieu thereof, may set layout rules different from those provided for in this article when it includes a study justifying, depending on local specificities, that these rules are compatible with taking into account nuisances, safety, architectural quality, as well as the quality of town planning and landscapes.
In municipalities with a municipal card, the municipal council may, with the agreement of the prefect and after the opinion of the departmental commission responsible for nature, landscapes and sites, set rules for siting different from those provided for. by this article in the light of a study justifying, according to local specificities, that these rules are compatible with the consideration of nuisances, safety, architectural quality, as well as the quality of town planning and landscapes.
The provisions of this article may be waived, with the agreement of the prefect, when geographical constraints do not allow the installation of installations or constructions beyond the setback provided for in the first paragraph, since the The interest that the installation or the proposed construction represents for the municipality justifies the exemption.
   Note: The date of entry into force of article 28 of ordinance 2004-637 has been modified by ordinance 2005-727.

Article L111-1-5

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 1 Official Journal of December 9, 2005 in force on October 1, 2007)
   Outside the areas covered by a local urban plan or a town planning document in lieu of it, the administrative authority may, by order taken under conditions set by decree in the Council of State, delimit a perimeter within of which the execution of works of the nature referred to in Article L. 421-1 is subject to specific rules made necessary by the existence of installations classified for the protection of the environment or underground gas storage natural, liquid, liquefied or gaseous hydrocarbons or chemicals for industrial use.
These provisions are not applicable to classified installations benefiting from the application of Articles L. 515-8 to L. 515-12 of the Environment Code as well as to underground storage facilities referred to in the previous paragraph benefiting from the application. of II of article 104-3 of the mining code.
The building permit explicitly mentions, where applicable, the easements instituted in application of the aforementioned provisions of the Environmental Code and the Mining Code.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L111-2

 (Law n ° 75-1328 of December 31, 1975 Official Journal of January 3, 1976)

(Law nº 85-1273 of December 4, 1985 art. 56 II Official Journal of December 5, 1985)

   Properties bordering specialized lanes not open to general traffic and, in particular, highways, forest fire defense lanes, cycle paths and tourist trails do not enjoy the rights recognized to residents of public lanes.
The provisions applicable to said roads and in particular the conditions under which the exercise of certain rights may be granted to residents are determined either by the act declaring the opening of the road to be of public utility, or by decrees in the Council of State.

Article L111-3

(Law n ° 75-1328 of December 31, 1975 Official Journal of January 3, 1976)
(Decree No. 76-267 of March 25, 1976 Official Journal of March 27, 1976 Corrigendum JORF June 13, 1976)
(Law nº 2000-1208 of December 13, 2000 art. 207 Official Journal of December 14, 2000)
(Law n ° 2003-590 of July 2, 2003 art. 1 Official Journal of July 3, 2003)

The identical reconstruction of a building destroyed by a disaster is authorized notwithstanding any contrary planning provision, unless the municipal map or the local urban planning plan provides otherwise, since it has been regularly built.
May also be authorized, except contrary provisions of the town planning documents and subject to the provisions of article L. 421-5, the restoration of a building of which the main part of the load-bearing walls remain when its architectural or heritage interest in justifies the maintenance and subject to respecting the main characteristics of this building.

Article L111-3-1

(Law n ° 95-73 of January 21, 1995 art. 11 Official Journal of January 24, 1995)
(Law nº 2007-297 of March 5, 2007 art. 14 Official Journal of March 7, 2007)
   Development projects and the realization of community facilities and construction programs which, by their importance, their location or their specific characteristics may have an impact on the protection of people and property against threats and attacks, must ‘subject of a prior public security study to assess the consequences.
A Council of State decree specifies the methods of application of this article. It determines:
– the thresholds from which the development projects, public facilities and construction programs are subject to the obligation mentioned in the first paragraph and the conditions under which the prefect, at the request or after opinion of the mayor, can delimit the sectors whose specific characteristics justify the application of lower thresholds;
– the content of the public security study, which must at least cover the risks that the project may entail for the protection of persons and property against delinquency and the measures envisaged to prevent them.
When the operation concerns an establishment open to the public, the building permit cannot be issued if the competent authority has noted, after consulting the committee responsible for public security, that the study submitted does not meet the conditions. defined by the Council of State decree provided for in the second paragraph. In the absence of a response within two months, the committee’s opinion is deemed favorable.
The public security study constitutes a non-communicable document within the meaning of I of Article 6 of Law No. 78-753 of July 17, 1978 on various measures to improve relations between the administration and the public and various provisions of administrative, social and fiscal order. The mayor can obtain communication of this study.

Article L111-4

(Law n ° 75-1328 of December 31, 1975 Official Journal of January 3, 1976)
(Decree No. 76-267 of March 25, 1976 Official Journal of March 27, 1976 Corrigendum JORF June 13, 1976)
(Law nº 2000-1208 of December 13, 2000 art. 202 XXXIX Official Journal of December 14, 2000)
(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 2 Official Journal of December 9, 2005 in force on October 1, 2007)
   When, taking into account the destination of the construction or the planned development, work on the public water distribution, sanitation or electricity distribution networks is necessary to ensure the service of the project, the permit building or fitting out cannot be granted if the competent authority is unable to indicate within what time limit and by which public authority or by which public service concessionaire these works must be carried out.
When a project is the subject of a prior declaration, the competent authority must

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L111-5

(Law n ° 75-1328 of December 31, 1975 Official Journal of January 3, 1976)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) (Law n ° 83-8 of January 7, 1983 art. 75 2 Official Journal of January 9, 1983)
(Law n ° 85-729 of July 18, 1985 art. 26 I Official Journal of July 19, 1985)
(Law n ° 2000-1208 of December 13, 2000 art. 13 Official Journal of December 14, 2000)
   The mere reproduction or mention of an urban planning document or of a subdivision by-law in a specification, a deed or a promise of sale does not confer on this document or regulation a contractual character.

Article L111-5-1

(inserted by Law n ° 85-729 of July 18, 1985 art. 20 Official Journal of July 19, 1985)
   Any deed or promise to sell one or more buildings for residential use or for mixed residential and professional use following the initial division or subdivision of all or part of a built property complex must include a clause providing the modalities of the maintenance of the ways and networks specific to this built real estate complex. In the absence of stipulation, this maintenance is the responsibility of the owner of these tracks and networks.

Article L111-5-2

(Law n ° 85-729 of July 18, 1985 art. 13 Official Journal of July 19, 1985)
(Law n ° 2000-1208 of December 13, 2000 art. 202 IV, V Official Journal of December 14, 2000)
   The municipal council may decide, by reasoned deliberation, to submit, within the zones that it delimits, to prior declaration, any voluntary division, in ownership or in enjoyment, of a land property, by simultaneous sales or rentals or successive.

The provisions of the previous paragraph are applicable in the parts of the municipalities identified as requiring special protection because of the quality of the sites, natural environments and landscapes.

The declaration provided for in the first paragraph is addressed to the town hall. The mayor may, within two months of receiving this declaration at the town hall, oppose the division if it, by its size, the number of lots or the work it involves is likely to seriously compromise the natural character of the spaces, the quality of the landscapes or the maintenance of the biological balances in which these spaces participate.

After this period, the declarant can freely proceed with the division.
When the division is carried out with a view to the siting of buildings, the application for authorization to subdivide formulated in application of Articles L. 315-1 et seq. Waives the declaration provided for in this article.

When a sale or a rental has been carried out in violation of the provisions of this article, the competent authority may ask the judicial authority to declare the act void. The annulment action is prescribed by five years from the publication of the act having effected the division.

A decree in the Council of State determines, as necessary, the conditions of application of this article. It specifies the divisions subject to prior declaration and the conditions under which the delimitation of the zones mentioned in the first paragraph is brought to the attention of the public.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the date of entry into force of the ordinance to October 1, 2007.

Article L111-5-2

(Law n ° 85-729 of July 18, 1985 art. 13 Official Journal of July 19, 1985)
(Law n ° 2000-1208 of December 13, 2000 art. 202 IV, V Official Journal of December 14, 2000)
(Ordinance n ° 2005-1527 of December 8, 2005 art. 3 Official Journal of December 9, 2005 in force on October 1, 2007)
   In parts of a municipality requiring special protection because of the quality of the sites, natural environments and landscapes, the municipal council may decide, by reasoned deliberation, to submit, within the areas it delimits, to the prior declaration provided for by article L. 421-4, voluntary divisions, in ownership or in enjoyment, of land ownership, by simultaneous or successive sales or rentals which are not subject to a planning permission.

The provisions of the previous paragraph are applicable in the parts of the municipalities identified as requiring special protection because of the quality of the sites,
The competent authority may oppose the division if the latter, by its size, the number of lots or the work it involves is likely to seriously compromise the natural character of the spaces, the quality of the landscapes or the maintenance biological balances.
When a sale or a rental has been carried out in violation of the provisions of this article, the competent authority may ask the judicial authority to declare the act void. The annulment action is prescribed by five years from the publication of the act having effected the division.
A decree in the Council of State determines, as necessary, the conditions of application of this article. It specifies the divisions subject to prior declaration and the conditions under which the delimitation of the zones mentioned in the first paragraph is brought to the attention of the public.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the date of entry into force of the ordinance to October 1, 2007.

Article L111-5-2

(Law n ° 85-729 of July 18, 1985 art. 13 Official Journal of July 19, 1985)
(Law n ° 2000-1208 of December 13, 2000 art. 202 IV, V Official Journal of December 14, 2000)
(Ordinance n ° 2005-1527 of December 8, 2005 art. 3 Official Journal of December 9, 2005 in force on October 1, 2007)
(Law n ° 2006-872 of July 13, 2006 art. 6 II Official Journal of July 16, 2006 in force on October 1, 2007)
   In parts of a municipality requiring special protection because of the quality of the sites, natural environments and landscapes, the municipal council may decide, by reasoned deliberation, to submit, within the areas it delimits, to the prior declaration provided for by article L. 421-4, voluntary divisions, in ownership or in enjoyment, of land ownership, by simultaneous or successive sales or rentals which are not subject to a planning permission.
The competent authority may oppose the division if the latter, by its size, the number of lots or the work it involves is likely to seriously compromise the natural character of the spaces, the quality of the landscapes or the maintenance biological balances.
When a sale or a rental has been carried out in violation of the provisions of this article, the competent authority may ask the judicial authority to declare the act void. The annulment action is prescribed by five years from the publication of the act having effected the division.
A decree in the Council of State determines, as necessary, the conditions of application of this article. It specifies the divisions subject to prior declaration and the conditions under which the delimitation of the zones mentioned in the first paragraph is brought to the attention of the public.

NOTE: The date of entry into force of article 6 II of law n ° 2006-872 is conditioned by the date of entry into force of ordinance n ° 2005-1527.

Article L111-5-3

(inserted by Law n ° 2000-1208 of December 13, 2000 art. 14 Official Journal of December 14, 2000)
   Any unilateral promise of sale or purchase, any contract carrying out or recording the sale of land indicating the purchaser’s intention to build a building for residential use or for mixed residential and professional use on this land indicates whether the description of the said land results from a demarcation. When the land is a subdivision lot, comes from a division carried out within a concerted development zone by the public or private person in charge of the development or comes from a consolidation carried out by an association urban land, the mention of the description of the land resulting from the demarcation is included in the promise or contract.
The beneficiary in the event of a promise to sell, the promisor in the event of a promise to purchase or the purchaser of the land may bring an action for nullity on the basis of the absence of one or the other mention referred to in the first subparagraph as the case may be, before the expiry of the period of one month from the authentic instrument noting the completion of the sale. The signing of this authentic instrument containing the said mention entails the forfeiture of the right to initiate or continue the action for nullity of the promise or the contract which preceded it, based on the absence of this mention.

Article L111-5-4

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 4 Official Journal of December 9, 2005 in force on October 1, 2007)
   Any waiver of the clause prohibiting the erection of constructions for residential, industrial, commercial or craft use appearing in the deeds of sale or rental of land subdivided for the creation of gardens is void. and of no effect, even if it is subsequent to the sale or rental.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the date of entry into force of the ordinance to October 1, 2007.

Article L111-6

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977 art. 3 date of entry into force July 1, 1977)
(Law n ° 2005-157 of February 23, 2005 art. 102 Official Journal of February 24, 2005)
   The buildings, premises or installations subject to the provisions of Articles L. 111-1, L. 421-1, L. 443-1 or L. 510-1, may not, notwithstanding any clauses to the contrary in the concession specifications, d ‘affermage or interested management, be permanently connected to the electricity, water, gas or telephone networks if their construction or transformation has not been, as the case may be, authorized or approved under the aforementioned articles.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L111-6

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977 art. 3 date of entry into force July 1, 1977)
(Law n ° 2005-157 of February 23, 2005 art. 102 Official Journal of February 24, 2005)
(Ordinance n ° 2005-1527 of December 8, 2005 art. 5 Official Journal of December 9, 2005 in force on October 1, 2007)
   The buildings, premises or installations subject to the provisions of Articles L. 421-1 to L. 421-4 or L. 510-1, may not, notwithstanding any contrary clauses in the specifications of the concession, affermage or interested management company , be permanently connected to the electricity, water, gas or telephone networks if their construction or transformation has not been authorized or approved under the aforementioned articles, as the case may be.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L111-6-1

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 6 Official Journal of December 9, 2005 in force on October 1, 2007)
   Notwithstanding any contrary provision of the local urban plan, the footprint of the surfaces, built or not, assigned to the parking areas annexed to a business subject to the commercial operating authorization provided for in 1º, 6º and 8º of I of Article L. 720-5 of the Commercial Code and I of Article 36-1 of Law No. 73-1193 of December 27, 1973 on the orientation of trade and crafts, may not exceed one and a half times the net floor area of ​​buildings used for commerce.
When cinematographic equipment subject to the authorization provided for in I of article 36-1 of the aforementioned law n ° 73-1193 of 27 December 1973 is not installed on the same site as a business subject to the authorizations of commercial exploitation provided for in 1º, 6º and 8º of I of Article L. 720-5 of the Commercial Code, the footprint of surfaces, built or not, assigned to the parking areas annexed to this cinematographic equipment must not exceed one parking space for three seats.
These provisions do not preclude repair and improvement work or the limited extension of commercial buildings existing on December 15, 2000.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L111-7

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law nº 2000-1208 of December 13, 2000 art. 202 VI Official Journal of December 14, 2000)
(Law n ° 2006-436 of April 14, 2006 art. 25 IV Official Journal of April 15, 2006)
   It may be suspended to rule on any request for authorization concerning works, constructions or installations in the cases provided for by articles L. 111-9 and L. 111-10 of this title, as well as by articles L. 123- 6 (last paragraph), L. 311-2 and L. 313-2 (paragraph 2) of this code and by article L. 331-6 of the environment code.

Article L111-8

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 83-8 of January 7, 1983 art. 75 2 Official Journal of January 9, 1983)
(Law n ° 85-729 of July 18, 1985 art. 2 I Official Journal of July 19, 1985)
   The stay of proceedings must be justified and cannot exceed two years. When a suspension decision has been taken pursuant to the articles referred to in Article L. 111-7, the competent authority may not, at the expiry of the period of validity of the suspension ordered, oppose the same request for authorization of a new stay based on the same reason as the initial stay.

If different reasons make it possible to intervene a decision to suspend the decision by application of a legislative provision other than that which served as the basis for the initial suspension, the total duration of the ordered stays may in no case exceed three years. .

At the end of the period of validity of the stay of proceedings, a decision must, upon simple confirmation by the person concerned of his request, be taken by the competent authority responsible for issuing the authorization, within the period of two months. following this confirmation. This confirmation can be made no later than two months after the expiry of the period of validity of the stay of proceedings. A final decision must then be taken by the competent authority for the issuance of the authorization, within two months of this confirmation. In the absence of notification of the decision within this last period, the authorization is considered to be granted in the terms in which it was requested.

Article L111-9

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 83-8 of January 7, 1983 art. 75 2 Official Journal of January 9, 1983)
   The competent authority may suspend the decision under the conditions defined in Article L. 111-8 from the date of opening of the investigation prior to the declaration of public utility of an operation, on the authorization requests. concerning works, constructions or installations to be carried out on land to be included in this operation.

Article L111-10

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 83-8 of January 7, 1983 art. 75 2 Official Journal of January 9, 1983)
(Law n ° 85-729 of July 18, 1985 art. 2 II Official Journal of July 19, 1985)
   When works, constructions or installations are likely to compromise or make more expensive the execution of public works, the stay of proceedings may be opposed, under the conditions defined in Article L. 111-8, provided that the study of a public works project has been taken into consideration by the competent authority and the land affected by this project has been demarcated.

The competent authority may postpone ruling, under the same conditions, on authorization requests concerning works, constructions or installations likely to compromise or make more expensive the carrying out of a development operation which has been taken into consideration. by the municipal council or by the deliberative body of the competent public inter-municipal cooperation establishment, or within the scope of operations of national interest, by the representative of the State in the department. The deliberation of the municipal council or the deliberative body of the public establishment of inter-municipal cooperation or the decree of the

The stay of proceedings can only be pronounced if the act deciding the consideration has been published before the filing of the authorization request.

The decision to take into account ceases to have effect if, within ten years from its entry into force, the execution of public works or the completion of the development operation has not been initiated.

Article L111-11

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 2 III, IV, Official Journal of July 19, 1985)
(Law n ° 2000-1208 of December 13, 2000 art. 22 III Official Journal of December 14, 2000)
   When a decision to suspend proceedings has been made in application of Articles L. 111-9 and L. 111-10, the owners of the land to which the refusal of authorization to build or use the land has been opposed may apply remains the community or the public service which took the initiative of the project to acquire their land under the conditions and deadline mentioned in Articles L. 230-1 et seq.

Article L111-12

(inserted by Law n ° 2006-872 of July 13, 2006 art. 9 Official Journal of July 16, 2006)
   When a construction has been completed for more than ten years, the refusal of a building permit or declaration of work cannot be based on the irregularity of the initial construction with regard to town planning law.
The provisions of the first paragraph are not applicable:
a) When the construction is likely, by its location, to expose its users or third parties to a risk of death or injury likely to cause dismemberment or permanent disability;
b) When demolition action has been initiated under the conditions provided for in Article L. 480-13;
c) When the construction is located in a site classified in application of articles L. 341-2 and following of the environment code or a natural park created in application of               articles L. 331-1 and following of the same code;
d) When the construction is in the public domain;
e) When the construction has been carried out without a building permit;
f) In the areas referred to in 1 ° of II of article L. 562-1 of the environment code.

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