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-   -   Declaration Preable (https://britishexpats.com/forum/france-76/declaration-preable-876467/)

bobbi2 Apr 24th 2016 11:30 pm

Declaration Preable
 
A bit frustrating as previous posting are being closed which means opening a new one for an old topic. Anyway we want to build this pergola that we wanted to do some time ago but is outside the 20m2. I understand that we need to submit a DP. Does this always go to the town hall for agreement or are some DP made just with the Mayor? I am not wanting to waste time printing off and filling in 12 pages of bumph if it may not be necessary.

dmu Apr 25th 2016 12:17 am

Re: Declaration Preable
 

Originally Posted by bobbi2 (Post 11931476)
A bit frustrating as previous posting are being closed which means opening a new one for an old topic. Anyway we want to build this pergola that we wanted to do some time ago but is outside the 20m2. I understand that we need to submit a DP. Does this always go to the town hall for agreement or are some DP made just with the Mayor? I am not wanting to waste time printing off and filling in 12 pages of bumph if it may not be necessary.

To clarify, the actual Maire doesn't deal with the Déclaration préalable, but the Maire-Adjoint at the Mairie in charge of Urbanisation.

https://www.service-public.fr/partic...sdroits/F17578
https://www.service-public.fr/partic...osdroits/R2028

both give info as to the compulsory form to fill in and submit. If, for example, your proposed pergola is not "in keeping" with the general style or character of the Commune, they can refuse it.
To save on paper/ink costs, I'd be inclined to collect two copies of the form from the Mairie!

bobbi2 Apr 25th 2016 3:28 am

Re: Declaration Preable
 

Originally Posted by dmu (Post 11931502)
To clarify, the actual Maire doesn't deal with the Déclaration préalable, but the Maire-Adjoint at the Mairie in charge of Urbanisation.

https://www.service-public.fr/partic...sdroits/F17578
https://www.service-public.fr/partic...osdroits/R2028

both give info as to the compulsory form to fill in and submit. If, for example, your proposed pergola is not "in keeping" with the general style or character of the Commune, they can refuse it.
To save on paper/ink costs, I'd be inclined to collect two copies of the form from the Mairie!

Thanks DMU perfect.

bobbi2 Apr 25th 2016 5:59 am

Re: Declaration Preable
 

Originally Posted by bobbi2 (Post 11931622)
Thanks DMU perfect.

Bloomin heck! I have filled in what I can. Most of it seems irrelevant for something so minor. I have done the DP and the office sent me an email stating which pieces I need to attach, ie photos etc. I just have some questions please?
1) the declaration des elements necessaires au calcul seem more for piscines, dovecotes etc. Is this section really relevant to Pergolas? I am sure someone on here has successfully done a DP before?
2) The pieces seem to go into lots of detail on what needs to be shown, ie plans etc. I was planning on sending in photos from garden, view from house towards road and one from the road to the house and also a 3D plan. Am I covering what I need to? Some of the pieces I don't fully understand?
That should do for now and thanks in advance. Thank god I am not building anything more :blink:

dmu Apr 25th 2016 8:42 am

Re: Declaration Preable
 

Originally Posted by bobbi2 (Post 11931730)
Bloomin heck! I have filled in what I can. Most of it seems irrelevant for something so minor. I have done the DP and the office sent me an email stating which pieces I need to attach, ie photos etc. I just have some questions please?
1) the declaration des elements necessaires au calcul seem more for piscines, dovecotes etc. Is this section really relevant to Pergolas? I am sure someone on here has successfully done a DP before?
2) The pieces seem to go into lots of detail on what needs to be shown, ie plans etc. I was planning on sending in photos from garden, view from house towards road and one from the road to the house and also a 3D plan. Am I covering what I need to? Some of the pieces I don't fully understand?
That should do for now and thanks in advance. Thank god I am not building anything more :blink:

Sorry, can't help there. We've only ever applied for a Permis de Construire for extensions of the house before we moved permanently, and the Architect did everything....

cardi Apr 25th 2016 8:59 am

Re: Declaration Preable
 
Many have been caught in this latest expansion of seemingly pointless bureaucracy.


The old DP was simple.


The new one is little different from a full application. Have you been asked for satellite images or aerial photos yet? That may be yet to come.


When you've jumped through all the hoops you will get your permission.


The main thing at the end of all this and the reason for it is the infamous H1 form which you are required to fill in when the work is completed.


Be prepared for a large increase in your property taxes.


You can keep them off for a couple of years by 'not finishing' your work but they will eventually send someone around.


If you haven't yet submitted your forms you may think it better to bin them.

cardi Apr 25th 2016 9:12 am

Re: Declaration Preable
 
Oh. I see you have already submitted the form.

bobbi2 Apr 25th 2016 7:19 pm

Re: Declaration Preable
 
No I haven't submitted them. How can taxes go up by building a pergola? Not understanding that one?

dmu Apr 25th 2016 8:04 pm

Re: Declaration Preable
 

Originally Posted by bobbi2 (Post 11932217)
No I haven't submitted them. How can taxes go up by building a pergola? Not understanding that one?

It's considered an "improvement" to the property and the Taxe Foncière is based on the "rentable value" of a property. I.e. in the Fisc's mind, if you happened to rent it, you can ask for a higher rent if there's a pergola in the garden....
P.S. Are you still considering putting up a greenhouse?

bobbi2 Apr 25th 2016 8:07 pm

Re: Declaration Preable
 

Originally Posted by dmu (Post 11932252)
It's considered an "improvement" to the property and the Taxe Foncière is based on the "rentable value" of a property. I.e. in the Fisc's mind, if you happened to rent it, you can ask for a higher rent if there's a pergola in the garden....
P.S. Are you still considering putting up a greenhouse?

Hee hee not now I'm not, I am going to start taking things down. Tax is bad enough here without paying more :rofl:
What is to stop us building 2 small ones so they a not linked in the middle? We were going to build one down the side of the house 8m x 1.5m to follow a path. Why can't we do two? They will have plants trailing up them in time.

cardi Apr 25th 2016 10:51 pm

Re: Declaration Preable
 
It isn't just the additional value of the pergola. They constantly have changed the valuation criteria so any H1 form being completed will increase your tax.
In my village nobody dares to make building applications due to this.
One (Brit) had his taxes increase fourfold.
People build, they just don't make applications.

bobbi2 Apr 25th 2016 10:58 pm

Re: Declaration Preable
 

Originally Posted by cardi (Post 11932387)
It isn't just the additional value of the pergola. They constantly have changed the valuation criteria so any H1 form being completed will increase your tax.
In my village nobody dares to make building applications due to this.
One (Brit) had his taxes increase fourfold.
People build, they just don't make applications.

How has his taxes increased and why? Thanks for the heads up on it anyway. May just alter the design a little.

dmu Apr 26th 2016 12:24 am

Re: Declaration Preable
 

Originally Posted by bobbi2 (Post 11932406)
How has his taxes increased and why? Thanks for the heads up on it anyway. May just alter the design a little.

It depends on what alterations are made. An extra bathroom, bedrooms in the attic.... the Fisc will find out about any interior improvements. And visible changes outside will be seen straight away and noted (e.g. a Vélux in the roof can only mean an extra bedroom). The cost of the "improvement" isn't important, you could do it yourself with recycled materials, but it's the increased value of the whole property that they calculate (and possibly add fines for not submitting a declaration at the Mairie).

bobbi2 Apr 26th 2016 1:22 am

Re: Declaration Preable
 

Originally Posted by dmu (Post 11932463)
It depends on what alterations are made. An extra bathroom, bedrooms in the attic.... the Fisc will find out about any interior improvements. And visible changes outside will be seen straight away and noted (e.g. a Vélux in the roof can only mean an extra bedroom). The cost of the "improvement" isn't important, you could do it yourself with recycled materials, but it's the increased value of the whole property that they calculate (and possibly add fines for not submitting a declaration at the Mairie).

Yes. We are waiting for a response from the mayor and have made an enquiry with the town hall but not hopeful we will bother doing anything unless the mayor is happy with 2 pergolas!!! ?????? Seems mental they you try and make your home more presentable and they want to charge you more on top for tax. Like everything in life I suppose.

cardi Apr 26th 2016 3:05 am

Re: Declaration Preable
 
The H1 form is a fully detailed declaration of the whole state and size of the property, nowadays including parts not used for habitation (but could be), not just the 'improvements'. Even if you filled in one recently a new one will result in a rise in taxes.


The Brit whose taxes increased so much had been paying under the old regulations in place when he bought the property but had tidied up and opened a second bedroom.


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