consent for works

[scalehill]

I have a blind rear wall on my small property in a small hamlet, but it's clear to see that one time there was a doorway in the wall that has been infilled. I'm thinking I'd like to put a window inside that old opening to let more light in. Is there a formal system in France for me to check what, if any, consents are needed to do this kind of work to a property built in 1650 ?

Thank you

[mint]

Run it past your mairie first of all; at least, that's what I would do.

However small the mairie, they will have dossiers of information.

[Loiseau]

Hello, scalehill, and welcome to the forum.

I am sure the first consideration will be whether the wall in question overlooks anyone else's property. If it does, you may perhaps be allowed to have a non-opening window of obscured glass, but nothing you can see through.

Your local Mairie should be the first port of call to see what would be allowed.

[YCCMB]

There's a whole vast section of law on this with which I used to be intimately familiar, owing to the fact that a neighbour, the back wall of whose house forms part of my garden wall, decided to have his builders pierce through three tiny alcoves in said wall to form small windows which look directly into our fully-enclosed garden.

Loiseau is correct: there's a whole raft of legal requirements if your windiw/opening impinge on the privacy of your neighbours, involving non-opening windows, windows that only open a fixed amount in a certain direction, use of obscured glass etc.

Our neighbour didn't seek permission, and we were neither advised nor consulted. Luckily his builders created the "windows" out of glass bricks, and on our side they're recessed about 20cm into the wall. They still ruin a perfectly beautiful 18th century stone wall, but at least i dont have to step out of my kitchen and see Herman the German next door having a shower (or worse)

[scalehill]

thanks for all the responses, especially the garden wall story !

I suspected as much, but wondered if the fact that there was an existing, but in-filled, door opening there already would negate the need for extensive permission seeking.

I'm also not familiar with the concept of Conservation Area type designations in France, or what constraints are imposed by that. In a previous French property, adjacent to an historic building, I wanted to put up a satellite dish of which there were at least half a dozen already in the street. I did the right thing and applied to Architects de France for permission and was refused. Neighbours said afterwards I should just have done it and not asked.

[YCCMB]

Best to check. For example, there's an existing infilled door in my barn. I could get my own back on Herman by opening it up and providing myself with a view (if not direct access) into his dining room ?

[YCCMB]

The other key criterion is what's on the other side of your blind wall and whether it's at the limit of your property.

This is a brief but accurate summary of the rules.

www.google.co.uk/amp/s/www.cbanque.com/actu/amp/42532/voisinage-en-limite-de-propriete-les-fenetres-sont-reglementees

[Théière]

Ah the Brits, always asking how high they should jump, whilst the French just do. Perfect example from Betty. The German in this case still has his window and Betty, despite all the regs still has the window overlooking?

[YCCMB]

Pity, teapot, that the window now overlooks nothing much, since the actual ground below the wall is 100% mine. The lovely high plants directly in front of the window are entirely my property and the windows haven't been cleaned since they were installed. ?

[Chancer]

No consent needed because its not a devanture, just do it, asking questions and/or for permission just brings a world of grief often because the other party percieves that you are asking exactly how high and in what manner should I jump? and not do I really need to jump at all? and they will either find or create some conditions for you.

 

I cut a hole in the rear wall of my apartment which forms the boundary, didnt ask anyone as they might have said no, sought no permissions but I made sure it was less than 1m2 (although that may have been wrong advice) and used obscured glass blocks, nothing was ever said and if anything were to be said I would have been "clean"

 

Soon I will be purchasing the land behind and may open it up to become a porte fenetre or a proper opening unobscured glass window, I wont be seeking autorisation as it is not a devanture.

[scalehill]

After my experience with the satellite dish, I am tempted to just do it and deal robustly with any consequences that might follow. The problem with that is lack of system knowledge and language skills. Also falling out with neighbours on who's goodwill one invariably relies upon. Think I might make a general query of the Mairie as a start.

[mint]

Good decision, scalehill.  Yes, you do have to think of future consequences unless you have Chancer's temperament which allows him to ignore rules and sleep soundly at night!

You may or may not encounter difficulties, but there MIGHT be a problem should you ever want to sell.  Nowadays, it seems to me that notaire "searches" are increasingly rigorous and it could be complicated to regularise things restrospectively.

[Loiseau]

Good point, mint, about the selling scenario.

My estate agent wanted me to have an "illegal" washbasin unit removed before showing the house (unlike everything else, it wasn’t connected to the septic tank).

[Le martin-pêcheur]

Hi,

I am not an expert by any means, but if you take a look here:

https://www.service-public.fr/particuliers/vosdroits/F17578 and then click Création et changement de porte/fenêtre/toiture, it seems a déclaration préalable may be needed. You can download the form further down the page. Cerfa n° 13703*06.The form comes down in an editable pdf format - much easier to type your requirements than try to write them in the little space allowed on the form.

It should be the same form that the Mairie will give you, if you need one.

Hope this helps.

Kind regards,

Tony

[Tancrède]

Leaving aside any restrictions related to conservation etc., the basic principle concerning the creation of openings which overlook a neighbour's property is dealt with in Article 678 of the Code Civil :

On ne peut avoir des vues droites ou fenêtres d'aspect, ni balcons ou autres semblables saillies sur l'héritage clos ou non clos de son voisin, s'il n'y a dix-neuf décimètres de distance entre le mur où on les pratique et ledit héritage…

The key thing, then, is whether or not there is a distance of at least 1.9 m between the proposed opening and the boundary of the adjoining property.

There is a useful little article about it here (with diagrams) :

http://www.caue30.fr/wp-content/uploads/2014/04/FICHEVUES1CAUE30.pdf

It also explains  -  perhaps the most useful bit in the OP's case  -  how this prohibition can be circumvented by the creation of an accord entre voisins, and how such an accord can be created either for the benefit of the present proprietor, or with permanent effect.

As regards what Mint said about selling, it is important to note that any opening in contravention of the rule can be challenged up to 30 years after its creation.  (After which time the right becomes prescriptive.)