- What is the tacit building permit?
- Proof of the tacit building permit
- Cases of refusal of a tacit building permit
The town hall has a certain amount of time to examine the application for a building permit and to give an answer. It can either accept the owner's project and issue a building permit, or refuse it. But what happens if the administration does not answer?
The tacit building permit
What is the tacit building permit?
After filing the file at the town hall to request a building permit, it hasa period of two months to agree. If no response is received by the owner after this period, it is considered that there tacit acceptance of the town hall. The owner can not rely on a tacit building permit if the administration has asked for additional documents and the latter has not responded to the request of the town hall to bring the missing elements so that the request can be studied. It is necessary a complete lack of response to be able to tacitly obtain a building permit.
Proof of the tacit building permit
The owner can ask a certificate of non opposition to the town hall, proof of the issuance of a tacit building permit. This document is an administrative act authorizing the applicant to begin work. Such an act can not be withdrawn by the administration. The opposition certificate must be posted on the site where the work will take place so that any third party with an interest can appeal against the proposed construction. This certificate must be issued to the owner within fifteen days.
Cases of refusal of a tacit building permit
In some cases, the lack of response from the town hall can not be tacit acceptance. There can therefore be no tacit construction in the event that the project takes place in a nature reserve, a national park or a classified site. In the situation where the building permit application concerns a building, no tacit building permit can be issued if the building in question is a historical monument. It is the same if the project is subject to special authorizations such as commercial development. Finally, there is no tacit building permit if the work is likely to have an impact on the environment.