EXPERT
it must adhere to fire and disabled access regulations (ERP / établissements recevant du public). Separate dossiers are required as part of the planning application, which add considerable time and cost to the process as the relevant authorities may only sit to review these infrequently. Properties used for commercial activities have to be inspected to verify conformity with these regulations – potentially during the actual works and before opening to the public. Buying an existing commercial property? Where this is the case, it is important to check all permissions are in place, including ERP approvals. Where you intend to increase the scope or nature of activities offered, or change the number of guests on site, then that affects the planning and ERP regulations and the categories may vary. The larger the space or number of guests, the more stringent they become. Swimming pools? If a pool is made available to guests, it must adhere to safety and disabled access regulations.
PLANNING PERMISSION Outline permission is called a CU (certificat d’urbanisme). This type of planning application allows the project to be explained in reasonable detail, but requires only limited plans/drawings/documents. If approved, the CU is valid for 18 months, during which time a detailed application can be submitted. A CU does not allow any work to be undertaken though – it is just a legal opinion on the feasibility from a planning perspective. Before any work can commence, detailed consent is required. Detailed planning consent
for venues of this type usually take the form of a PC (permis de construire). If granted, this gives full permission for the project. The dossier is far more involved than a CU and full plans and drawings are required, along with separate ERP dossiers for fire safety and disabled access outlined previously. Each of these is valid for three years, in which time work must commence. A CU approval doesn’t always indicate that every aspect of a
“What facilities will you offer? It will make a difference to the planning permission needed”
applies to a heritage or listed building where some requirement could otherwise adversely affect the appearance of a property for example. But they are not obliged to do so!
If you plan to increase the number of guests, this will affect planning permission
subsequent detailed application will be granted. For example, it may conclude that, in principle, the property can be used for the purpose in question, but the detailed application may fail if, for instance, the impact study reveals reasons why it isn’t possible, or if the fire officer refuses to accept the proposals. So please proceed with caution and understand that a CU is only a general outline approval, and you may need to make your purchase subject to full permission in many cases. From the date of submitting
the planning application and related dossiers, the process will take a minimum of five months before the result is known. If any of the authorities involved request additional information after they have reviewed the dossier, that will delay the process further. All planning dossiers and applications for commercial
On the market
activities must be dealt with by a French-registered architect, without whom the application will be refused. Note, a qualified architect from another country, not registered in France, is not accepted.
AVOIDING PITFALLS There are so many variables for a property of this type, that it is difficult to cover all of the likely pitfalls, but attention should be focused on certain areas: Use an expert to guide you through the process. Don’t rush to buy the first property that appears suitable – do your homework before you proceed with a purchase. Patience is a fundamental requirement – be prepared for plenty of bureaucracy. The fire safety and disabled access authorities have a certain leeway and can often agree exemptions to some regulations – this especially
TYPE OF PROPERTY? We’re all familiar with some of the TV programmes based on the conversion and use of a château as a wedding venue, but any sizeable property can potentially satisfy the criteria and provide the basis for a successful business. Evidently, the more romantic the property and the setting, the more likely the success, as couples looking for a venue seek the ideal property and location as a backdrop for their special day.
BUSINESS REGISTRATION If you intend to run any business in France, you must register with the appropriate authority. While it is possible to do this direct, it is often much better to discuss it with a French accountant and ask them to deal with it for you – this ensures everything is done correctly and quickly. There are many English-
speaking accountants in France who can assist where language would otherwise be a barrier. Bureaucracy is a French word, don’t forget, and the red tape in France can be a little daunting for the unprepared! ■
Arthur Cutler runs French Plans Tel: 0033 (0)2 96 36 56 16
frenchplans.com
WEDDING POTENTIAL PROPERTIES ON
FRANCEPROPERTYSHOP.COM
€899,000,Dordogne: An imposing 15-bedroom château with country views, plus a four- bedroom manor house with adjoining two-bedroom cottage, two large detached barns and stables (Leggett Immobilier)
€399,000,Haute-Vienne: Six- bedroom manor house set in private walled gardens; various barns and outbuildings present a great opportunity for conversion into further accommodation or reception areas (Agence Newton)
€399,000,Charente: Large six-bedroom, six-bathroom property, which has been used as a restaurant and wedding venue, near a listed village; it has a big hall with beams, pillars and stone fireplace (Beaux Villages)
FRENCH PROPERTY NEWS: November/December 2023 61
© SHUTTERSTOCK
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