Raising a building in France requires navigating complex urban planning rules, co-ownership agreements, and neighbor relations to secure proper authorization.
Building permit thresholds
A building permit is needed when a raised structure creates more than 20 m² of floor space or ground footprint. In urban areas, this threshold increases to 40 m² under a local urban planning scheme (PLU). Below these limits, a prior declaration is sufficient.Architect requirements
If a raised structure brings the total floor space of a building above 150 m², a building permit becomes mandatory again, even for smaller additions in urban areas. This also requires an architect for individuals building for themselves. Legal entities must always use an architect to avoid invalidating the authorization.PLU rule categories
The PLU regulation includes four main categories of rules: height, layout, exterior appearance, and parking. Before starting a project, it is essential to check the available residual height and understand how setbacks are calculated, as these often determine the project’s feasibility.Existing non-compliant buildings
Many older buildings do not comply with current PLU regulations, especially regarding setbacks. Work on such buildings can be authorized if it improves compliance or is unrelated to the non-compliant aspects. However, raising a building typically worsens non-compliance, as it affects height-dependent rules.Regularizing irregular buildings
If a building has unauthorized parts, the owner must submit a request covering all such transformations. A permit limited to new work based on an unauthorized part is not valid. Older unauthorized structures, like attics or terraces, can block a raising project unless they are over ten years old.Exceptions and protected areas
The urban planning code allows exceptions for raising buildings completed more than two years ago if the purpose is housing or enlarging a dwelling. These require an exception request with justification. Protected areas, such as those around historical monuments, need approval from the French Buildings architect.Co-ownership requirements
In co-ownership, raising a building requires the general meeting of co-owners to approve the project. The main structure is a common part, and raising is an accessory right. The project must obtain co-owner agreement, with specific voting requirements depending on the setup.Neighbor considerations
Neighbors can contest a raising in civil court if it affects their property rights, such as views or sunlight. New windows or balconies must be at least 1.90 m above ground level to avoid overlooking a neighbor's property. Conventional servitudes in property titles must also be checked.Seven key questions before starting
Before beginning a raising project, seven key questions must be addressed: the required authorization based on surface area, available height and setback calculations, existing compliance with PLU, prior authorization of the building, exceptions or protected areas, co-ownership requirements, and potential legal challenges from neighbors.
