TITLE III PERMIS DE DEMOLIR
Article L430-1
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: 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
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
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
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: 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
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.
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
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
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
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
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
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
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.
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.
