Boundary laws

[frank]

Hi,

I wish to build a two-car carport which will have attached to it a small tool shed and a storage shed for firewood. The length of the whole will be 12.5 meters and the depth will be 5 meters (carport) and 3.5 meters (the rest). The total will cover an area of 55 square meters.

I want to build it away from the house and alongside the wall that separates us from our neighbours.

My question is does anyone know what the law says about how far away from the wall/boundary I am allowed to build such a structure?

Thanks in anticipation.

Frank

[Val_2]

3metres away from the boundary of if it is a habitation and there is not sufficient room, then it can be built right on the talus of the adjoining property and right of way must be given for maintenance issues after asking permission first. For non-habitation constructions you most probably will have to adhere to the minimum of 3m from your neighbour and you must not discharge any water onto their property whatsoever. For that size you will need to submit a Déclaration Préalable to the mairie along with plans and photos of projected outcome.

[Clair]

It depends on the PLU (Plan Local d'Urbanisme) your commune has adopted.

Where there is no PLU, I believe the minimum distance is 3m, but this can be amended at regional or local level according to the PLU.

Your first step is to visit your mairie to ask about the PLU.

[pachapapa]

[quote user="frank"]Hi, I wish to build a two-car carport which will have attached to it a small tool shed and a storage shed for firewood. The length of the whole will be 12.5 meters and the depth will be 5 meters (carport) and 3.5 meters (the rest). The total will cover an area of 55 square meters. I want to build it away from the house and alongside the wall that separates us from our neighbours. My question is does anyone know what the law says about how far away from the wall/boundary I am allowed to build such a structure? Thanks in anticipation. Frank[/quote]

In principle in accordance with the Code Civil and with due consideration of the dimensions, in particular the depth, it would be possible to build colinear to the boundary, assumed forming a straight line, subject to certain conditions.

I have previously posted on the nature of these conditions elsewhere on this forum and the forum search facility should throw it up.

Implicitly I would appear to be in disagreement with the earlier two replies.

For me a fairly normal situation.[:D]

[Chezstevens]

With our commune we had the choice of building on the boundary or not less than 3 metres from the boundary. Chose to build on the boundary (49sq m garage) ... after receiving silly quotes, I built the garage myself :)

[Val_2]

I think it depends on the type of construction and the situation more than anything else. We had a bungalow built right on our talus because 3m would have meant that they could not have fitted it on the parcelle. I also live within monuments historique limit so again that plays a part in permissions granted and to what you may have as does being in a protected area. We get so many of these on council that we have to look at each individual case and decide the best option for all concerned and for the environment too!

[Clair]

A few irrelevant posts have been removed from this thread.

Please keep to the topic and do not impede or disrupt the flow of the discussion.

Thank you.

Forum Moderators

[pachapapa]

[quote user="Clair"]It depends on the PLU (Plan Local d'Urbanisme) your commune has adopted.

Where there is no PLU, I believe the minimum distance is 3m, but this can be amended at regional or local level according to the PLU.
Your first step is to visit your mairie to ask about the PLU.
[/quote]

The PLU is principally for zoning and does not in any way prempt the Civil or Urban Code.

There may be arrangements made and approved by the Mayor in the case of a lottissement and subsequently enforced by the Mayor; these will all be clearly defined in the Cahier des Droits du Lotissement. After a set period of time the lotissement rules will revert to the substantive rules contained in the Civil and Urban Codes; notwithstanding that the lotissement rules may be renewed for a further period.

The case of a structure ON THE BOUNDARY is covered explicitly in the relevant Codes such that the Mayor and the Mayor alone has the legal authority to approve building on the property division line and the Mayor ALONE...not the Commune Conseil....not the Sub Prefect...nor indeed the Prefect...etc.