Permit to amend a building or development permit

Verified 23 November 2023 - Legal and Administrative Information Directorate (Prime Minister)

You have obtained a building or development permit to carry out work and you want to make small modifications to it?

You can do that by filing an amending permit. The amending license is not a new license.

If the work is more important, you must file a new application for a building permit.

We explain how to file an amending license.

Step-by-step approach

Your work is subject to an amending permit if you meet the following 2 cumulative conditions:

  • Have a valid building or development permit
  • The proposed changes do not change the nature of your project

Valid building or development permit

Your initial building or development permit must still be valid. The work granted must not be completed.

FYI  

an amending permit may be granted even if a report finds that the work in progress is not in conformity with the original permit.

Limited changes not changing the nature of the project

A building or development permit may be amended if the overall design of the project is retained. The proposed amendments must not change the nature of the project.

The conditions are different depending on whether a building or development permit is granted:

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Building permits

In the case of a building permit, an amending permit is required to carry out small changes in appearance of the original project. It can also be used to edit the right of way on the ground or the floor area construction.

Conversely, you must file a new application for building permit to make larger changes (for example, a large increase in surface area or change of destination project).

Planning Permit

In the case of a development permit to create a subdivision, the amending permit is required to make small changes, such as changing the access road, correcting the parcel numbering, adding plantations, modifying the right of way on the ground or the floor area.

Conversely, you have to apply for a new development permit, in particular, to change the allotment of the subdivision, or to extend its perimeter.

To check if your modification falls under an amending permit, depending on the importance of the project, you must consult your local city planning department or the BASU: titleContent for Paris:

Who shall I contact

You can complete your amended permit application on the Internet or by using a form.

On the Internet

You can complete your amended permit application on the Internet:

Support for your city planning authorization request

Office Accueil et Service à l'Usager (BASU) de Paris: one-stop-shop

Form

You can complete your amending permit application using a form:

Application for amendment of a valid building permit

The method of transmission of your file differs depending on whether you are in the province or in Paris.

General case

You must file your amending permit application in town hall:

  • By dematerialized according to the arrangements made by your municipality (inquire on the site of the town hall or on the spot)
  • By letter RAR: titleContent
  • In your own hand

On the Internet

You can submit your amending permit file via the Internet:

Support for your city planning authorization request

You receive an electronic acknowledgement of receipt.

Form

You can submit your amending permit file using a form:

Application for amendment of a valid building permit

You must submit 4 complete files.

The city hall issues you a receipt. It contains the registration number of your file and information allowing you to know the date from which the work can start.

In Paris

You must submit your amending permit file to the BASU: titleContent by dematerialized means only:

Office Accueil et Service à l'Usager (BASU) de Paris: one-stop-shop

Your amending permit instruction covers only those items that are the subject of the application. It does not affect the rights acquired by the license to be amended. The applicable city planning rules shall be those in force on the date of issue of the amending permit.

The length of time it takes to review your amending permit varies depending on whether your file is complete or not.

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Your file is complete

The time taken to investigate your case is:

  • 2 months for applications to amend a building permit for a detached house
  • 3 months for applications to modify a building permit (other than a detached house such as a commercial or agricultural building) or a development permit

However, within one month of filing your application, the City Hall or the BASU: titleContent may contact you to notify you that another time limit is applicable. This is the case, for example, when your project requires consultation with other services such as the ABF: titleContent.

If you did not receive anything by the end of 1er months after your filing, the initial deadline can no longer be changed.

You may also be informed that your project is a case where a implied permit is not possible. This is the case, for example, if your project concerns a building listed as a historic monument or if your project is located in the heart of a national park.

Your file is incomplete

Within one month of the filing of your application, the City Hall or the BASU: titleContent may indicate that your folder is missing one or more parts. You have three months to transmit them.

If you receive such correspondence before the end of 1er month, the instruction time starts on the day of its receipt.

The time taken to investigate your case is:

  • 2 months for applications to amend a permit to construct a detached house
  • 3 months for applications to amend a building or development permit

However, within one month of filing your application, the City Hall or the BASU: titleContent may contact you to notify you that another time limit is applicable. This is the case, for example, when your project requires consultation with other services such as the ABF: titleContent.

You may also be informed that your project is a case where a implied permit is not possible. This is the case, for example, if your project concerns a building listed as a historic monument or if your project is located in the heart of a national park.

The amending license is not a new license.

At the end of the period for the review of the amending permit, the Mayor signs the decision. It is addressed to you by letter RAR: titleContent.

There are several possible cases:

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Permission or lack of response

The authorization decision shall take the form of an order. You may begin your work.

You may not receive a response within the time frame you have been given. In this case, your amending permit is accepted. On request from you, the City Hall or the BASU: titleContent for Paris must issue you a certificate of non-opposition. This is a proof of agreement and that there is no opposition to your project. You have proof to assert your rights (obtaining a loan, taking out insurance).

Who shall I contact

Warning  

in certain special cases, the absence of a written decision from the town hall or the BASU: titleContent for Paris leads to the refusal of the application. For example, if the permit to be amended is located in a classified site.

Authorization with requirements

Your request is accepted subject to one or more requirements.

The town hall or the BASU: titleContent for Paris take a decree with specific rules to be respected. You must then execute the jobs according to these imposed rules.

The reasons for the decision and the remedies and time limits for appeal are specified in the order.

Refusal

If your project is rejected, the City Hall or the BASU: titleContent for Paris take a opposition order. It's a refusal decision.

This Order applies only to the changes requested in your amending permit. It does not question the original license.

The reasons for the decision and the remedies and time limits for appeal are specified in the order.

Stay of proceedings

In some circumstances, the mayor or BASU: titleContent for Paris may postpone its decision on your amending permit for up to 2 years. This is the case, for example, when your work request may compromise or make it more expensive to implement a future MORE: titleContent or a development operation.

The Mayor or the BASU: titleContent takes a stay of proceedings. This Order applies only to the changes requested in your amending permit. It does not question the original license.

Your application is neither accepted nor refused. It will be reviewed later, within a maximum of 3 years.

The reasons for the decision and the remedies and time limits for appeal are specified in the order.

Within 2 months of the expiry of the stay of proceedings, you must confirm your application for an amending permit. Within 2 months of your request, you will receive the decision of the Mayor or BASU: titleContent for Paris.

Once your amending permit has been accepted, its display on the ground is mandatory.

The view must remain in place for the duration of the work and be visible from the outside. The information on your billboard must be legible on the public highway or in spaces open to the public.

Durant 2 months from 1er field display day, your neighbors can challenge the amending permit which was granted to you. They then make a free appeal to the mayor who issued the authorization.

Please note

the posting of the amending permit opens the appeal period but only on the amending permit and not on the whole project.

When the mayor or the BASU: titleContent for Paris to refuse your amending permit or to issue a stay order, you can challenge it.

In the 2 months that follow the date of notification of the decision, you can make a ex gratia appeal by letter RAR: titleContent to the town hall or the BASU: titleContent for Paris.

If your grace attempt fails, you have a new grace period of 2 months to make a appeal to the administrative court, by letter RAR: titleContent. You must clearly state the reasons for your entitlement to an amending permit.

You must apply to the administrative court to which the municipality where your project is located is attached.

Who shall I contact

The period of validity of the original authorization shall be retained without being increased. Also, your building or development permit has a validity of 3 years.

Please note

Your amending permit expires if you have not started the work within 3 years or if, after that period, you interrupt it for more than 1 year.

The period of validity may be extended twice for one year if the city planning rules and administrative easements have not changed.

You have to ask for it At least 2 months before the expiry of the period of validity of your initial permit. If you perform a 2e request, you have to submit it at least 2 months before the expiry of your 1re request for extension.

This request must be made in 2 copies by letter RAR: titleContent or deposited in town hall or at the BASU: titleContent for Paris.

Upon receipt of your request, the City Hall or the BASU: titleContent for Paris have 2 months to answer you.

The extension is granted if you do not receive a reply within this time limit.

When you have finished your work on the initial and amending permits, you must send to the City Hall or the BASU: titleContent for Paris a Declaration of Completion and Compliance (ACCA) of your work.

The mode of transmission of your ACT differs depending on whether you are in the province or in Paris.

General case

You need to file your DAACT file in town hall:

  • By dematerialized according to the arrangements made by your municipality (inquire on the site of the town hall or on the spot)
  • By letter RAR: titleContent
  • In your own hand
Who shall I contact

On the Internet

You can complete your DAACT application file on the internet:

Support for your city planning authorization request

Form

You can complete your ACAT application using a form:

Declaration of completion and conformity of works

In Paris

You must submit your ACAT file to the BASU: titleContent by dematerialized means only:

Office Accueil et Service à l'Usager (BASU) de Paris: one-stop-shop

Support for your city planning authorization request

Application for amendment of a valid building permit

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