Our CU Application was refused - can we appeal?

[Lyndzena]

Hello

We submitted a CU application to convert an existing watertight two story building into a dwelling.  (The building is currently used for storage).

The Marie has declined the CU application on the grounds that it is in a flood zone.

We are not sure if the main house is on the flood zone (The notary did not mention it in the acte de vente, but did say it had flooded in 2003.) There are many other houses in the commune, some lower than where our building is. 

As I said the building is already solid - we just need to add the internal walls, furnishings and of course change the usage.

We want to appeal this decision, but are not sure how to go about this or the likely success.  Any advice would be welcome.

Many thanks

Lyndsey 

[Quillan]

It won't be the mayor that refused it, it will be the DDE via their hydrologists.

I am afraid the argument that their are houses at a lower level does not work with the authorities on the basis that rules and regulations change over the years.

Unfortunately this is the sort of information that is down to you to find out when you bought the place (assuming it was in more recent times) and required a visit to the mayors office who should have the latest plan/map of the area. These maps show the flooding areas in zones which are represented by different colours and are often calculated by a computer model run by the departmental hydrologists. In some areas they are available on-line, you could try typing in to google inondation XXXXX where XXXXX is you area or region.

From experience I can't see that you can really appeal, if it's in the flood zone then it's in it if you see what I mean. I do know of a campsite that is right down by the river and was amazed they are allowed to operate but the DDE's response is that the campsite only opens for part of the year and there have never been floods during that period. Perhaps you could claim it's a holiday home and will only be used in the summer. Very slim chance but worth a 'punt'.

Anyway, good luck and I hope it does work out for you.

 

[Cerise]

Unlikely I think.  The DDE are becoming ever stricter about 'zones inondable'.  Part of our village is in such a zone.  A house belonging to a French family was badly damaged in a fire and although the insurance paid up they were not allowed to repair the house - even though they had been living in it!  Permission could not be given for the reconstruction and they were forced to move elsewhere.

[clarksinfrance]

Don't know if its any use to you, but if you go to our website, on the RHS on the front page are some useful links, one of which is "Risk Maps of France", you can see the risks of flooding etc, it does take a little getting used to; this is kept up together by the Ministere de l'ecologie.

http://www.gite-maintenance.co.uk/

[ams]

Normally when one purchases a property one gets a "etat des risques naturels et technologiques", it is the law. The document will list all of the natural risks that have taken place over many years. I would be surprised if you did not get this document. !

 

ams

[Ron Avery]

"Etat des risques naturels et technologiques"   l'Etat français rend obligatoire depuis le 1er juin 2006.

This has only appplied to house purchasers since July 2006.  But if you bought before that date it was not compulsory.  With a barn it may not be obligatory even now, ask your Notaire.