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Licence to Amend a Building or Development Permit

Verified 01 janvier 2022 - Legal and Administrative Information Directorate (Prime Minister)

When you have been granted a building or development authorisation, you can obtain the amendment by filing an amending permit for small changes to the original project. If they are more important, you must file a new permit application.

Valid Permit

The building or development permit issued must be valid. Completion of work must not be declared in the town hall.

The amending permit is not a new permit. Therefore, the validity period of the original authorisation shall be maintained without being increased.

Limited Changes

An amending building permit is used to make small modifications to the exterior of the original project. It can also be used to modify ground right of way or floor surface of construction.

However, a new application for building permit is necessary to make larger changes (for example, a large increase in surface area).

A development permit may be amended if the overall design of the project is maintained.

In the case of a development permit to create a subdivision, the amending permit may be used, for example, to modify the access road, to correct the numbering of the parcels, to add plantations.

Conversely, a new development permit is required, for example, to change the location of the development or extend its perimeter.

  Please note : for more information on the steps to be taken, you can ask the city planning department of your town hall for advice.

An application for an amending permit must be made by means of a form.

Application to Amend a Valid Construction Permit

Cerfa n° 13411*07 - Ministry of city planning

You can submit your request for authorisation to the city or send it by mail RAR. You can also transmit it in dematerialised form according to the terms defined by your municipality. To get to know them, you need to get closer to the city planning department of your town hall.

Who shall I contact

The instruction covers only the items covered by the application for an amending permit. It does not affect the rights acquired by the licence to be amended. The applicable city planning rules are those in force on the date of issue of the amending permit.

The education period is 2 months for a single house.

The time limit is 3 months for other types of construction and for the modification permit.

Within one month of filing your application, the administration may write to you to inform you of an increase in the processing time. This additional time is provided to consult other services and obtain their opinion on your project.

Within one month of filing your application, the administration may also request missing documents to examine your file. In this case, the investigation period begins when these additional documents are submitted.

A notice of the application is posted in the town hall within 15 calendar days which follow its filing and during the entire course of the investigation.

Acceptance

The decision of the town hall takes the form of an order. This decision shall be made by registered letter with notice of receipt.

Upon acceptance, the amending permit must be posted on the field posted in the field.

This view opens a new timeout application by third parties. The appeal concerns only the amended part. Work carried out in accordance with the original permit whose appeal period has been exceeded cannot be questioned.

  Warning : within 3 months of the date of the amending permit order, the authorisation may be withdrawn if it is unlawful.

Failure to respond after investigation time

In general, after the investigation period, the absence of a written decision (express decision) from the town hall means that it authorises your project. Permission is given tacitly (without writing, implicitly). You can ask the town hall for a tacit permit certificate, which it must issue to you.

If you have tacit permission, you must view change permit in the field.

This view opens a new timeout application by third parties. The appeal concerns only the amended part. Work carried out in accordance with the original permit whose appeal period has been exceeded cannot be questioned.

However, in certain specific cases, the absence of a written decision by the town hall leads to the refusal of the application. For example, if the licence to be modified is located in a listed site.

Within one month of the filing of the application, the town hall must inform you of the time limit for the investigation and indicate that its silence will mean that your application is rejected.

  Warning : within 3 months of the date of the tacit permit, the authorisation may be withdrawn if it is unlawful.

Refusal

When an amending permit is refused, it is possible to ask the town hall to review its position by forming a ex gratia.

This request, by registered letter with notice of receipt, shall be made within 2 months of the date of notification of the decision of refusal.

If the appeal is rejected or if no reply is received within 2 months, appeal to administrative tribunal can be filed within 2 months.

  FYI : if the opening declaration has already been filed in the town hall, a new declaration is not necessary. Depending on the changes allowed, a development tax can be requested.