- The conditions to be fulfilled to transfer your building permit
- The steps to follow for the transfer of a building permit
- Consequences of the transfer of a building permit
In planning law, there is a special procedure called "transfer of building permit" which allows the holder to transfer it to a third party. What are the conditions to be respected in order to transfer your building permit and what are the steps to follow? Here is all the information you need to understand the issue of transferring a building permit.
The conditions to be fulfilled to transfer your building permit
Made legal by the administrative practice and the jurisprudence, the transfer of a building permit is possible because it relates on the building land and not on its beneficiary. For the transfer of a building permit to be valid, it is necessary to respect a number of conditions. So:
- The building permit must be valid at the time of the transfer request;
- The beneficiary of the building permit and his future holder must both to agree to effect the transfer of this administrative authorization.
The steps to follow for the transfer of a building permit
The transfer of a building permit is not done automatically. In fact, the beneficiary of the building permit must request his own transfer by means of the document Cerfa No. 13412 * 02.
This must be sent to the town hall of the location of the land which is the subject of work in four copies delivered by hand or sent by registered letter with acknowledgment of receipt. It must be the same town hall as the one that issued the initial building permit. The municipal services study the transfer request which, if accepted, is the subject of a municipal by-law which specifies:
- the identity of the new holder of the building permit
- agreement concluded between the former beneficiary of the administrative authorization and the new
- rights and obligations the new beneficiary of the building permit
The town hall can not refuse the transfer request on the grounds that the urban planning rules have been modified between the obtaining of the initial building permit and the transfer of this one.
Consequences of the transfer of a building permit
When the building permit is transferred to a new person, it has the same rights and obligations as the former holder of the permit. He must also display his building permit at the site of the site for the duration of the work and comply with the rules of planning and construction in force.
Similarly, the beneficiary of the transfer of the building permit does not have noa new period of validity.