TITLE III PERMIS DE DEMOLIR
LexInter | October 22, 2003 | 0 Comments

TITLE III PERMIS DE DEMOLIR

Article L430-1

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 83-8 of January 7, 1983 art. 75 I Official Journal of January 9, 1983) 
(Law n ° 83-663 of July 22, 1983 art. 106 Official Journal of July 23, 1983)
(Law n ° 85-729 of July 18, 1985 art. 26 XXXII Official Journal of July 19, 1985) 
(Law n ° 2000-1208 of December 13, 2000 art. 202 X Official Journal of December 14, 2000) 
(Law n ° 2003-590 of July 2, 2003 art. 57 Official Journal of July 3, 2003) 
(Ordinance n ° 2004-178 of February 20, 2004 art. 3 Official Journal of February 24, 2004) 
(Ordinance no. 2005-1128 of September 8, 2005 art. 34 Official Journal of September 9, 2005 in force no later than January 1, 2007) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
The provisions of this title apply:
a) in the municipalities referred to in article 10 (7º) of law n ° 48-1360 of September 1, 1948, amended by article 4 of ordinance n ° 58-1343 of December 27, 1958;
b) in the safeguarded sectors and the property restoration perimeters created in application of Articles L. 313-1 to L. 313-15;
c) in areas to which the provisions of Article L. 621-31 of the Heritage Code and the amended law of 2 May 1930 relating to the protection of natural monuments and sites apply;
d) in the areas delimited by a land use plan made public or an approved local urban plan,
e) in the areas delimited within the sensitive perimeters under the conditions defined in Article L. 142-3 in its drafting prior to Law No. 85-729 of July 18, 1985, in the areas delimited in application of Article L. 142-11 in its wording resulting from said law or in the protected environment zones created in application of article L. 143-1 in its drafting prior to law n ° 83-8 of January 7, 1983;
f) Buildings or parts of buildings listed as historic monuments as well as buildings or parts of buildings backing onto buildings classified as historic monuments;
g) in the architectural and urban heritage protection zones created in application of Articles L. 642-1 and L. 642-2 of the Heritage Code;
h) In municipalities that do not have a local urban plan or an approved land use plan, in perimeters delimited by deliberation of the municipal council.
However, buildings classified as historical monuments in application of the heritage code and sites classified in application of the environment code remain governed by the provisions specific to these codes.
   NOTE: Ordinance nº 2005-1128 art. 38: The provisions of articles 4, 12, 16, 17, 18, 24, 25, 26, 28, 29, 32, 33, 34, 35 and 36 come into force on a date fixed by decree in the Council of State and no later than January 1, 2007.
NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree in 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 the entry into force of the

Article L430-2

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) 
(Law n ° 85-729 of July 18, 1985 art. 26 XXXI Official Journal of October 19, 1985) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

In the cases mentioned in Article L. 430-1, anyone who wishes to demolish all or part of a building for whatever use it may be assigned must first obtain a demolition permit. This obligation is imposed on public authorities, public establishments and public service concessionaires of the State, regions, departments and municipalities as well as private individuals.
The execution of any work which would have the effect of making the use of the premises impossible or dangerous is considered to be demolition.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates fixed by decree in Council of
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 L430-3

(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 I Official Journal of January 9, 1983) 
(Law n ° 83-663 of July 22, 1983 art. 107 Official Journal of July 23, 1983) 
(Law n ° 85-729 of July 18, 1985 art. 26 XXXIII Official Journal of July 19, 1985) 
(Ordinance n ° 2000-914 of September 18, 2000 art. 2 Official Journal of September 21, 2000) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
By way of derogation from the provisions of article L. 430-2, the following may be carried out, without the prior granting of a demolition permit:
a) demolitions carried out in application of articles L. 511-1 to L. 511-3 of the code construction and housing, on a building threatening ruin or, in application of Article L. 28 of the Public Health Code, on an unsanitary building;
b) demolitions carried out in application of a court decision which has become final;
c) demolitions imposed by the competent authority in application of Article L. 123-1 (10º);
d) demolitions provided for in a safeguard and enhancement plan made public or approved and carried out under the conditions set out in Article L. 313-1 (paragraph 3);
e) Repealed;
f) the demolition of buildings affected by setback easements in execution of alignment plans approved under the regime of ordinance n ° 59-115 of January 7, 1959 and the texts adopted for its application.
The demolition permit exemption provided for in a of this article for the application of articles L. 511-1 to L. 511-3 of the construction and housing code is exercised under the conditions determined by the decree provided for. in Article L. 313-15 with regard to the safeguarded sectors and by a decree in the Council of State with regard to the buildings or areas to which the provisions of Articles 2 and 13 bis of the law of December 31, 1913 on historic monuments and the provisions of Articles L. 341-1 to L. 341-22 of the Environment Code.
NOTE: Article 41 of ordinance n ° 2005-1527 states: “This ordinance will come into force on dates fixed by decree in Council of
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 L430-4

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) 
(Law n ° 83-8 of January 7, 1983 art. 68 II Official Journal of January 9, 1983)
(Law n ° 83-663 of July 22, 1983 art. 105 Official Journal of July 23, 1983) 
(Law n ° 2000-1208 of December 13, 2000 art. 202 XXXVII Official Journal of December 14, 2000)
(Ordinance no. 2005-1128 of September 8, 2005 art. 35 Official Journal of September 9, 2005 in force no later than January 1, 2007) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
 The demolition permit is issued in the forms, conditions and deadlines determined by decree in the Council of State:
a) In the municipalities where a local urban plan or a municipal map has been approved, in the name of the municipality or of the public inter-municipal cooperation establishment or of the State, according to the cases and modalities provided for in Articles L. 421-2-1 to L. 421-2-8. However, by way of derogation from the provisions of law n ° 82-213 of 2 March 1982 as amended relating to the rights and freedoms of municipalities, departments and regions and to article L. 421-2-4, the decision only becomes enforceable fifteen days after its notification and transmission to the representative of the State. The provisions of Article L. 421-9 are then applicable;
b) In other municipalities, on behalf of the State.
Failure to notify the administration’s decision within four months of receipt of the request is equivalent to granting the demolition permit.
This period is five months if the building is one of those referred to in Articles L. 621-25 and L. 621-30 of the Heritage Code. However, in application of article L. 430-8, the failure to notify the decision can only be equivalent to the granting of the demolition permit if the competent administrative authority has given its consent.
   NOTE: Ordinance nº 2005-1128 art. 38: The provisions of articles 4, 12, 16, 17, 18, 24, 25, 26, 28, 29, 32, 33, 34, 35 and 36 come into force on a date fixed by decree in Council of
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 L430-4-1

(Law n ° 85-729 of July 18, 1985 art. 27 I Official Journal of October 19, 1985) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
   When the demolition permit relates to a building or part of a building, supporting a commemorative plaque, it is, during the demolition work, kept by the client.
On the occasion of the development of the space thus freed, the client reinstalls the plate in a place visible from the roadway.
These operations are declared to the mayor of the municipality.
   NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates fixed by decree in 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 L430-4-2

(Law n ° 85-729 of July 18, 1985 art. 27 II Official Journal of July 19, 1985) 
(Law nº 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

Breaches of the provisions of the preceding article are noted in accordance with the terms of article L. 480-1 of this code.
Failure to comply with the obligations imposed by article L. 430-4-1 is punishable by a fine of 3,750 euros. The reinstallation of the commemorative plaque is ordered by the court and accompanied by a fine, the amount of which may not be less than 75 euros.
In addition, in the event of loss or destruction of the commemorative plaque during the work, the court orders, at the expense of the contracting authority, the engraving and installation of a new plaque affixed under the conditions of the second paragraph. of article L. 430-4-1.
Any association as defined in Article 2-4 of the Code of Criminal Procedure may exercise the rights granted to the civil party with regard to the facts constituting an infringement of Article L. 430-4-1 of this code and causing direct or indirect damage to the collective interests it aims to defend.

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 deadline for the entry into force of the ordinance to October 1, 2007.

Article L430-5

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

In the municipalities referred to in Article L. 430-1 a, and without prejudice to the provisions of Law No. 75-1351 of December 31, 1975 relating to the protection of occupants of premises used for housing, the demolition permit may be refused if, in a social interest, it is necessary to safeguard the built property heritage. It may be granted, subject to the holder of the demolition permit to ensure, before the start of the works, the rehousing, under certain conditions, of tenants, lessees or occupants in good faith, as well as, if necessary, to build, to the place of the building which is the subject of the request, or at a location close to it, of the accommodation intended to relocate the interested parties.
In the cases referred to in subparagraphs other than subparagraph a of article L. 430-1, the demolition permit may be refused or be granted only subject to the observation of special requirements if the planned work is of such as to compromise the protection or enhancement of neighborhoods, monuments and sites.

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 deadline for the entry into force of the ordinance to October 1, 2007.

Article L430-6

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
   The demolition permit cannot be refused when demolition is the only way to put an end to the ruin of the building.
   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 L430-7

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) 
(Law n ° 2004-809 of August 13, 2004 art. 68 Official Journal of August 17, 2004 in force on January 1, 2005)
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
   The demolition permit takes the place of the authorization provided for in article 11 of law n ° 48-1360 of September 1, 1948.
   NOTE: Article 41 of ordinance n ° 2005-1527 states: “This ordinance will come into effect. in force on dates fixed by decree in 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 L430-8

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) 
(Law n ° 85-729 of July 18, 1985 art. 26 XXXIV Official Journal of July 19, 1985) 
(Ordinance n ° 2000-914 of September 18, 2000 art. 2 Official Journal of September 21, 2000) 
(Ordinance n ° 2005-1128 of September 8, 2005 art. 36 Official Journal of September 9, 2005 in force on January 1, 2007 at the latest)
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
   The demolition permit takes the place of the authorizations provided for by article L. 621-31 of the heritage code, by article L. 341-7 of the environment code and by article L. 313-2 of this coded. In each of these cases as well as when the planned demolition concerns a building or part of a building listed or attached to a building classified or protected under Article L. 341-1 of the Environment Code, it is issued after agreement of the administrative authority in charge of historic monuments or sites which may make this agreement subject to compliance with certain conditions.
   NOTE: Ordinance nº 2005-1128 art. 38: The provisions of articles 4, 12, 16, 17, 18, 24, 25, 26, 28, 29, 32, 33, 34, 35 and 36 come into force on a date fixed by decree in the Council of State and no later than January 1, 2007.
NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree in 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 the entry into force of the

Article L430-9

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977) 
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002) 
(Repealed by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
   Without prejudice to the penalties decreed by this code, the law of December 31, 1913, the law of May 2, 1930 and article 59 amended by law n ° 48-1360 of September 1, 1948, any person who has violated the provisions of the Article L. 430-2 or who does not comply with the conditions or obligations imposed by the demolition permit will be sentenced to a civil fine of 300 to 75,000 euros.
This fine will be pronounced at the request of the public prosecutor by the president of the tribunal de grande instance of the place of the building ruling as in summary proceedings; half of the proceeds will be paid to the national housing agency and the other half to the national fund for historic monuments and sites.
In the event of an infringement of the provisions of the second paragraph of Article L. 430-2, the premises must be restored and reassigned to their previous use within six months or within any time limit set by the judge. After this period, the administration may proceed at the expense of the offender to carry out the necessary work.
   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 deadline for the entry into force of the ordinance to October 1, 2007.

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