Understanding the PLU (Local Urban Plan)

What is a PLU (Local Urban Planning) for?

For the citizens: The PLU determines the building rules from which building permits and declarations of works are processed. It sets the location of future roads and major public facilities, and establishes protection measures (natural environment, built heritage).

For the municipality: The PLU outlines the desired perspectives for the development of the municipality through the Planning and Sustainable Development Project.

In this sense, it ensures:
• The balance between the development and protection of natural areas, while respecting the objectives of sustainable development.
• The diversity of urban functions (working, living, relaxing, travelling, shopping…) and the social mix in housing.
• The efficient use of space and the control of travel needs, the preservation of the quality of air, water, soil and subsoil, as well as the prevention of natural risks.
• The PLU also takes into account and specifies the major policies of the State and the major local authorities (Region, Department, etc.).

It is a tool that allows each municipality to have its own identity by imposing or forbidding particular architectural styles, facade colours, roof pitch percentages, and a given constructibility density. Thanks to the architecture of a house, we can tell the location of the house, for instance an Alsatian half-timbered house or a typical house of the Landes and the basin of Arcachon has its own identity. The PLU allows us to maintain and conserve these heritage values which make the richness and diversity of our country.

How can I understand the situation in which my property is?

In order to know the building rights for your property, you first need to know the PLU zone in which it is located. To do this, the PLU has a map of the municipality representing the cadastral plots of each land and divided by zones (UA, UB, UC, UD, EU, N, A…). It also mentions protected areas such as classified wooded areas, protected sectors, protected heritage buildings as well as the reserved spaces planned for the development of public spaces (road developments).

All these rules make it possible to know the possibilities of construction on the land. For information, all U zones correspond to urban areas, zone A to agricultural land and zone N to natural areas. The last two zones are relatively restrictive in terms of building rights since they are protected areas. An urban planning certificate issued by the Municipality can help you to identify the applicable rules.

Do I have to use the services of a professional (architect) to apply for a building permit?

It depends on the case! Is it for a private individual? an extension? a new construction? a legal entity?

For a private individual in his own name:
• New construction: The use of an architect is compulsory if the floor area is greater than or equal to 150 sqm.
• Extension of an existing construction: The use of an architect is compulsory if the floor area or the surface used of the land is greater than or equal to 150m².

For a legal entity: The use of an architect is compulsory whatever the project and its surface area.

However, I would like to draw your attention to the fact that the preparation of a building permit application file is nowadays relatively cumbersome. Indeed, it must comply with the PLU rules but also meet the requirements of the town planning code which imposes a certain presentation on the content and form of the file and also the taking into account of the thermal regulations. The municipality forwards the decree approving the building permit application to the Prefecture. The administration has three months to withdraw the application if it is illegal. In addition, following the posting of the building permit on the land, there is a two-month deadline for third party appeals. If the permit file contains weaknesses due to the fact that one of the above-mentioned points is not respected, there will be a risk of appeal and the permit will be withdrawn if the reason is justified. The architect has an advisory role in the elaboration of the project but also assists the client in all administrative and legal steps of the file.

What are the consequences if the building permit obtained is not respected?

When the citizen carries out works subject to authorization (building permit, prior declaration), a visit of the urban planning services on the land is organized after the declaration of completion of the works in the town hall to verify the conformity of the works carried out on the basis of the issued authorization.

If the works are in conformity, a certificate of non-contestation of conformity will be issued by the municipality. In the case of non-conforming works, the town hall will issue a refusal of conformity by indicating the points that do not comply with the planning permission and a new application for a building permit must be submitted to the town hall provided that the works comply with the planning rules of the commune of Saint-Tropez. Otherwise, the work cannot be regularized.

Any work carried out breaking the urban planning regulations and noted by the municipality will be the subject of a report of offence sent to the Public Prosecutor who will investigate the matter. The sanction may range from a simple fine to be paid to the demolition of the work, in addition to the fine. Moreover, the irregularity of the work may have the effect of freezing the construction; failure to regularize the work carried out without authorization will reduce the possibility of its evolution.

Furthermore, when the property is sold, notaries, estate agents and buyers request the certificate of conformity to have a guarantee on the property and thus ensure that no risk of litigation can be established on the construction. The absence of this document is a risk of devaluation of the property.

What is the PLU’s decision-making process? What recourse do owners have?

The procedure for developing a PLU in a few lines:

1 –  The initial act formally starting the procedure is the “deliberation of prescription”. The local authority (municipality or group of municipalities) must outline the objectives governing the drafting of the PLU and must set out the procedures for consulting with the population.

2 – Consultation with the population throughout the duration of the studies leads to the elaboration of the main orientations of the PLU shared with the population.

3 –  The association of public persons are involved in the development of the PLU. They are the State, the General Council, the Regional Council, the Architect of the Buildings of France. These people assist the elected representatives by advising them throughout their specific competences and own perspectives on the PLU. This association enables the PLU’s main orientations to be drawn up and shared with the local authority’s institutional partners.

4 –  On the basis of the definition of these main guidelines, the local authority draws up the PLU project. It is essentially made up of a plan identifying different areas in the City with the same characteristics and the regulations specifying the rules applicable to each of these areas.

5 –  The end of the PLU project, formalised by a decision of the local authority’s decision-makers, marks the end of the studies.

6 –  Following consultation with the public, the PLU project, as decided, is submitted to a public enquiry. This stage makes it possible to inform the public and to gather their opinion and suggestions on the draft PLU before its final adoption. Anyone may come and present their comments, suggestions or counter-proposals. The public is informed on the progress of the inquiry through legal announcements in the local newspaper (mandatory), and the posting of the inquiry order in the town hall (mandatory).

As of the closure of the public inquiry, the investigating commissioner has one month to submit his report and reasoned conclusions. These documents must be made available to the public as soon as they are received. However, this is a simple notice which is not binding on the community.

7 – The report and findings of the investigating commissioner are reviewed in order to making final amendments to the file. The opinions of associated public persons are also taken into account.

8 – The PLU is approved and becomes binding. The Prefect exercises legality control over the approved PLU within two months of receipt of the file.

Owners may, within the framework of the public inquiry, file a motion to request modifications to the PLU project on different subjects, namely building rights (modification of the authorised building area, height, etc.), zoning modification, etc. The investigating commissioner and the community reserve the right to consider or not the requests, justifying their decision in the conclusions rendered by the investigating commissioner, which will include a summary of the community’s responses.

Why is the regulation of the PLU of Saint-Tropez regularly attacked?

The commune of Saint-Tropez is a highly sought-after emblematic location. There is a very important economic issue at stake and the role of the PLU has an impact on the main activities on the Gulf of Saint-Tropez, namely construction, real estate and tourism. The difficulty is to combine the expectations and needs of the commune with those of the owners and the main players mentioned above.