DAACT: declaring completed works compliant in France

Who files the DAACT, and how

The DAACT applies to all works carried out with a planning authorisation: a permis de construire ou déclaration préalable (building permit or prior declaration), or a development permit (service-public.gouv.fr). It is drawn up by the holder of the authorisation, or by the architect or approved architectural practitioner where they supervised the works (art. R462-1). The form used is cerfa no. 13408. Where the authorisation provided for works in phases, a DAACT is filed at the end of each phase.

The Planning Code provides two routes: the declaration “is sent by registered post with postal acknowledgement of receipt to the mayor of the municipality or handed in at the town hall against a receipt” (art. R462-1) (our translation). These are the two paper routes. Service-public.gouv.fr adds filing electronically, “according to the arrangements made by your municipality” (our translation): it is up to each municipality to set up online filing or not. Paris has made it exclusive: there, the DAACT is filed with the BASU “only electronically” (service-public.gouv.fr). For a paper filing, the acknowledgement of receipt or the receipt gives a certain date of receipt, which starts the challenge period running.

Depending on the project, certificates must be attached: accessibility (homes intended for letting or sale, blocks of flats, établissements recevant du public (premises open to the public)), the RE2020 environmental regulations or RT2012 thermal regulations for a new build or an extension, acoustics for certain new residential buildings, earthquake or cyclone resistance in exposed areas, and clay shrinkage and swelling in moderately or highly exposed areas (service-public.gouv.fr). The RE2020 certificate for a detached house can be drawn up by a DPE assessor (energy performance assessor).

The challenge period: 3 or 5 months

From receipt of the DAACT by the town hall, the competent authority has (art. R462-6):

The récolement, that is an on-site inspection visit, is compulsory in four cases (art. R462-7):

• a) the works concern “a building listed as a historic monument”, or are located “within the perimeter of a remarkable heritage site” or “in a listed site or one in the process of being listed”; the inspection is then carried out in liaison with the architecte des Bâtiments de France (state heritage architect) or the representative of the minister responsible for sites;
• b) the works are subject to the articles of the code de la construction et de l’habitation (Construction and Housing Code) “relating to high-rise buildings” or “relating to premises open to the public”; the inspection is then carried out in liaison with the departmental director of fire and rescue services, except for 5th-category premises open to the public without sleeping accommodation;
• c) the works are carried out “within an area intended to be classified as the core of a future national park whose creation has been taken into consideration”, within the core of a national park or within a nature reserve;
• d) the works are carried out in an area covered by a plan de prévention des risques naturels prévisibles (foreseeable natural hazards prevention plan), a technological hazards prevention plan or a mining hazards prevention plan. However, the inspection is not compulsory where the plan only requires compliance with cyclone or earthquake resistance standards, or a prior study of the land’s suitability for the construction.

Discrepancy to note: the service-public.gouv.fr page cites only historic monuments, remarkable heritage sites and hazard prevention plans. Article R462-7 also covers listed sites or those being listed, high-rise buildings, premises open to the public, national parks (and areas intended to become their core) and nature reserves; it is the text that applies.

If the works are not compliant, the authority serves formal notice on the project owner, within the same period and by registered letter with acknowledgement of receipt, to file an amended application or bring the works into compliance (art. R462-9). If regularisation is impossible, the town hall may require demolition (service-public.gouv.fr).

The certificate of no challenge

If the town hall does not reply within the period, the works are considered completed and compliant (service-public.gouv.fr). The holder of the authorisation or their successors in title may then request a certificate stating that the compliance of the works has not been challenged. The authority issues it “as of right” within 15 days of the request being submitted (art. R462-10). The request is made by ordinary or registered letter to the town hall; in Paris, it is made online to the BASU (service-public.gouv.fr). If the town hall does not reply or does not send the certificate, you must apply to the préfet (the state’s representative in the département) (service-public.gouv.fr).

What the DAACT changes on resale

The buyer of a house that has been extended, raised or recently built will want to know whether the works are in order. The DAACT and the certificate of no challenge, or failing that the acknowledgement of receipt of the DAACT and proof that the period has expired, are the evidence. Without them, the risk of a non-compliant construction remains attached to the property (service-public.gouv.fr):

• 6 years after completion for criminal proceedings;
• 10 years for a civil action by the municipality for demolition or bringing into compliance, 5 years for a third party;
• 10 years during which the town hall may refuse a new authorisation on the grounds that the original construction was irregular (Planning Code, art. L421-9); this period does not apply, in particular, to a construction built without any building permit when one was required, located in a national park, a listed site or on public land, exposing its users or third parties to a serious risk, or subject to a demolition action brought under article L480-13.

It is therefore in the seller’s interest to gather these documents as soon as the property goes on the market: they are passed to the notary with the title deed, before the compromis de vente (preliminary sale contract). See also the guide to the étapes d’une vente (steps in a sale).

The other declaration after works: tax

The DAACT does not replace the tax declaration. A new construction, an extension or a change of use must also be declared to the tax authorities within 90 days of completion, from the “Gérer mes biens immobiliers” (Manage my property) area on impots.gouv.fr: it is used to calculate the taxe foncière (property tax) and the taxe d’aménagement (development tax) (service-public.gouv.fr).

Which professional to consult

A diagnostiqueur (property surveyor/assessor) can draw up the RE2020 certificate for a detached house to be attached to the DAACT. A géomètre-expert (chartered land surveyor) checks the siting and built floor areas before filing. On resale, the notaire (notary) checks the DAACT and the certificate of no challenge before drafting the deed.