Planning certificate in France: information or project CU

Two certificates: information or project

Article L410-1 of the Planning Code distinguishes two certificates, often called CU “a” and CU “b”.

The information CU also flags a listed former industrial site, a polluted-soil area, or a project subject to the opinion of a State department. Where necessary, it warns of a possible sursis à statuer (deferral of a decision) on a future application (service-public.gouv.fr).

The project CU can be positive or negative. If positive, it gives the information of the information CU and also rules on three points: the approximate location of the buildings on the land holding, their intended use and the state of existing or planned public infrastructure (roads and utility networks). If negative, it gives reasons for the refusal: the land cannot accommodate the operation described, but the certificate still gives the general information of the information CU (service-public.gouv.fr).

Applying for a CU: who, how, how much

• Who: the owner or any interested person, for example a prospective buyer, a notaire (notary) or an estate agent. The owner is not notified (service-public.gouv.fr).
• Cost: free.
• Form: the cerfa (official form) for a planning certificate application, online if the mairie (town hall) has an online service, otherwise handed in or sent by registered post to the town hall where the land is located.
• Documents: a location plan (obtained for example from Géoportail); for a project CU, in addition, the plan of the land with the existing buildings and a note describing the project and the intended use of the buildings.
• Copies: 2 for an information CU, 4 for a project CU; one more within the perimeter of a historic monument, two more in the core of a national park.

Processing times and tacit CU

The town hall has 1 month (information CU) or 2 months (project CU) from receipt of the application. Failing a reply within this period, silence amounts to a certificat tacite (tacit certificate) (art. R*410-12).

A tacit CU offers less protection: it only guarantees the planning rules, the administrative limits on property rights and the list of taxes and contributions. The town hall must nevertheless reply in writing, even late (service-public.gouv.fr). For a tacit CU, the 18 months run from the date on which it is obtained, even if an express certificate arrives later (art. R*410-18).

18 months of frozen rules

This is the main benefit of the CU. For 18 months from its issue, the planning provisions, the system of taxes and contributions and the administrative limits on property rights that it mentions cannot be called into question for an application for planning permission or a prior declaration lodged within that period. One exception: rules concerning public safety or health (art. L410-1).

In practice, according to service-public.gouv.fr:

• an application lodged within the 18 months is assessed under the rules in force when the certificate was issued;
• the rate of taxes cannot increase;
• a pre-emption right introduced after issue cannot be exercised while the CU is valid.

The CU does not replace the permission itself: see permis de construire et déclaration préalable (planning permission and prior declaration).

Extending the certificate

The CU can be extended by 1 year if the planning rules, public-interest easements and taxes applicable to the land have not changed. The request, on plain paper in 2 copies with the CU, goes to the town hall at least 2 months before the end of validity. Without a written reply within 2 months, the extension is granted; it runs from the end of the initial certificate. If refused with reasons, the only option is to apply for a new CU, again valid for 18 months (service-public.gouv.fr).

Which professional to consult

The notaire (notary) requests or checks the planning information before a land sale and drafts the preliminary contract, possibly conditional on a positive project CU. For a division project or a precise siting, the géomètre-expert (chartered surveyor) prepares the plans attached to the application. The agent immobilier (estate agent) marketing a plot can also request a CU to inform buyers.