French planning: who decides what

From national rules to the parcel

The planning rules that apply to a plot are organised in levels. The State sets the national framework; the region adopts a regional scheme; a territorial coherence scheme (SCoT), where there is one, coordinates an area larger than the commune; finally, the commune or the intermunicipal authority has a local document: a local plan (PLU, or PLUi when it is intermunicipal) or a carte communale.

Without a local document, the commune falls under the national planning rules (Règlement national d’urbanisme, RNU): outside areas that are already built up, building is limited, unless the municipal council grants an exception by a reasoned decision. The local document is what divides the territory into zones: the Carteparcelle card shows that document’s zone, or says that the commune falls under the RNU.

Légifrance — Code de l’urbanisme, articles L131-1 to L131-7 (compatibility and taking into account) · Ministry for Ecological Transition — SRADDET, the regional scheme · Ministry for Ecological Transition — Limited building rights without a planning document (RNU)

Compatible with, or “taken into account”

The Code de l’urbanisme distinguishes two kinds of link between documents. Article L131-1 lists the documents the SCoT must be compatible with: the coastal and mountain provisions, the SRADDET’s general rules, the SDRIF, the overseas regional development schemes, Corsica’s plan, regional and national park charters, water management documents and flood risk management plans, among others. Article L131-2 lists those it only has to take into account, such as the SRADDET’s objectives.

The PLU, a document standing in for it and the carte communale must in turn be compatible with the SCoT (article L131-4). Where no SCoT covers the area, article L131-6 requires the PLU to be compatible with the documents of article L131-1 and to take into account those of article L131-2.

For a project on a plot, start with the local document and its annexes: it is the one that divides the territory into zones with their regulations. The higher levels mostly explain why that document is revised or amended.

Légifrance — Code de l’urbanisme, articles L131-1 to L131-7 (compatibility and taking into account)

Coast, mountains and land saving

Some national rules target specific areas: the Code de l’urbanisme has special provisions for the coast and for mountain areas, which the SCoT must be compatible with. Carteparcelle does not show whether a commune is subject to them; the town hall can tell you.

The Climate and Resilience Act of August 2021 sets the objective of “zero net artificialisation” of soils by 2050. The first step is to halve, between 2021 and 2031, the consumption of natural, agricultural and forest land compared with the previous decade. According to the Ministry for Ecological Transition, the objective must be included in the regional schemes before 22 November 2024, in SCoTs before 22 February 2027 and in PLU(i)s and cartes communales before 22 February 2028.

An act of 20 July 2023 supplemented the scheme, which may still change: check the ministry’s page as of the date of your project. For a given plot, it is the applicable local document that translates these objectives.

Légifrance — Code de l’urbanisme, articles L131-1 to L131-7 (compatibility and taking into account) · Ministry for Ecological Transition — Soil artificialisation and the ZAN objective

What comes on top of the PLU: easements, risks, heritage

Public-utility easements (servitudes d’utilité publique) are administrative limits on property rights authorised by law. They are annexed to the PLU or the carte communale. Once the one-year period of article L152-7 of the Code de l’urbanisme has passed, only easements annexed to the plan or published on the national planning portal can be relied on against applications for authorisation.

A natural risk prevention plan is drawn up under the authority of the préfet, in consultation with local authorities. After a public inquiry and approval by the préfet, it is annexed to the PLU as a public-utility easement; the ministry states that its rules apply to future and existing buildings alike.

Around a listed historic monument, the surroundings are either a defined perimeter or, failing that, the buildings within its field of view less than 500 metres away. Works there need prior authorisation, with the agreement of the architecte des Bâtiments de France (ABF).

On the Carteparcelle card, easements published on the Géoportail de l’Urbanisme are in the “Public-utility easements” section, and risk prevention plans in the “Risks” section. A missing item means “not recorded”, not “no constraint”.

Géoportail de l’Urbanisme — Public-utility easements · Ministry for Ecological Transition — Natural risk prevention (PPRN) · Ministry of Culture — Surroundings of listed historic monuments

Who does what

The roles below are those set out in the texts; how the services are organised varies from one département to another.

The State and the préfet

State services inform communes of the legislative and regulatory framework to respect and of State projects (article L132-2). The préfet approves risk prevention plans and, where the commune has no PLU or carte communale giving it that power, permits are granted in the name of the State.

DREAL and DDT(M)

Under the regional préfet, the regional directorates for the environment, planning and housing (DREAL) carry out State policy on the environment and sustainable planning. The departmental directorates for the territories (DDT or DDTM) relay them in the départements of mainland France outside Île-de-France.

Architecte des Bâtiments de France

Gives agreement to works in the surroundings of listed historic monuments.

Region

The regional council adopts the SRADDET, which the regional préfet then approves by order, after an environmental assessment and a public inquiry.

Département

One of the public bodies associated with preparing SCoTs and PLUs, alongside the State, the region, the chambers of commerce, trades and agriculture and other bodies (article L132-7).

Intermunicipal authority

When it holds the competence, it prepares an intermunicipal PLU. For a communauté de communes, the ALUR act organised the transfer of this competence, which communes can block by a minority of at least 25% of the communes representing at least 20% of the population; the question comes up again at each general renewal of the community council.

Commune and mayor

In a commune with a PLU or a document standing in for it, the mayor grants permits in the name of the commune (article L422-1); the article also sets the conditions for communes with a carte communale.

Ministry for Ecological Transition — Devolved services (DREAL, DDT) · Légifrance — Code de l’urbanisme, article L132-2 (State information to municipalities) · Légifrance — Code de l’urbanisme, article L132-7 (associated public bodies) · Ministry for Ecological Transition — SRADDET, the regional scheme · Collectivités locales — 2025 intermunicipality guide, the communauté de communes (PLUi competence) · Légifrance — Code de l’urbanisme, article L422-1 (who grants permits)

Whom to ask

The pointers below are our practical advice. In each case, give the commune and the parcel’s full cadastral reference.

Which zone and which rules apply to my plot?

The town hall’s planning department, or the intermunicipal authority’s if the PLU is intermunicipal. The guide on reading a PLU zone helps you prepare the question.

Is my project feasible?

The town hall of the plot’s commune; a planning certificate (certificat d’urbanisme) states the applicable rules, without being an authorisation.

Does a risk prevention plan concern me?

Géorisques for information, the town hall for the regulations annexed to the PLU, the préfecture for a procedure in progress.

Works near a historic monument?

The town hall tells you whether the plot is within the surroundings; works there need the agreement of the architecte des Bâtiments de France.

The regional scheme or the SCoT?

The region for the SRADDET; for the SCoT, the intermunicipal authority tells you which body is responsible for it.

A boundary, an area, an owner?

These are not planning questions: see the guides on boundary surveys, cadastral area and the owner of a parcel.