The Implantation permit
Definition
Implantation permit is issued for constructions not eligible for construction permit or for the modification of existing constructions (See annexe 3).
According to article 105 of law n°2004/003 regulating town planning code, it is delivered for constructions that are: rough, precarious or temporary.
It can equally be issued for constructions projected on the dependent on the National Domain and eventually in the zones predicted to this effect in an urban planning document, with the exception of land reserves and non aedificandi zones (zones not suitable for constructions).
Key point : Type of materials that can be qualified as precarious:
- Metal sheet
- Plank
- Cobs (Trodden earth)
- Straw
Collection and filing of application
The form is collected from the services of the town council. The list of required documents is indicated in the notice attached with the form (See annexe 3)
The complete document should be addressed to the Mayor and filed at the mail service of the council
Investigation of the file
The studying of the file should respect the rules prescribed in urban planning documents (PDU, POS, etc…) or if need be, general town planning rules. Within five (5) days after filing the application and during the duration of studying it, the Mayor post a notice filed in application for implantation permit including the name of the applicant, the number and registration date of the application, the situation of the land, as well as construction destination.
Key point : Even if the law does not clearly point it out, implantation permit should be issued if and only if the town has atleast a rough town planning plan.
Deadline in obtaining the permit
Implantation permit is obtained after a deadline of fifteen (15) days if no decision was notified to the applicant. It expires if constructions are not realised within the deadline of one (1) year from the date it was issued.
Composition of document
The application document for implantation established in two (2) copies includes:
- a stamped application at the prescribed rate established on the administrative form (see annexe 3);
- a town planning certificate;
- an attestation of peaceful usage signed by the quarter head of the place of parcel situation and two (2) neighbours: a situation plan;
- a rough projected construction plan;
- a rough detailed and estimated estimate;
- photo of the site.
This document is filed against a receipt.
Conditions of work realisations
The beneficiary of implantation permit in a visible manner should post on the land, and during the duration of the work, the number, the date the permit was issued or, if need be, a receipt of filing the file.
He addresses the Mayor of the Council, as works are starting, a declaration opening the building site in view of permitting Council or State technical services to verify the implantation in order to assure work security, hygiene and alignment. The materials used should be temporary and precarious.
Point-clé : La durée de validité du permis d’implanter peut être fixée à 5 ans pour permettre au propriétaire d’obtenir un titre foncier et par conséquent le permis de construire.
Costs
The rate of implantation permit voted by the municipal council is fixed at 1% of the total cost of construction.
Applicable penalties in the case of non presentation of implantation permit
The construction of a building without construction or implantation permit is an offence to town planning rules. In this case, the Mayor can stop the construction site.
According to Law n 2004/018 of 22 July 2004 fixing the rules applicable to councils, the Mayor under the control of State representative, municipal policy is in charge of the execution of relative State deeds (Article 86, paragraph 1). Municipal policy has as objective to ensure order, safety, peace, public security and hygiene (Article 87, paragraph 1), the Mayor has the mission of demolishing buildings without construction or implantation permits (Article 87, paragraph 2).
According to article 9 and 10 of decree n° 2008/0740/PM of 23 April 2008, the Mayor can apply a financial penalty proportional to the state of work advancement. This rate is fixed at 30% the cost of the permit according to article 89 of Law n° 2009 / 019 of 15 December 2009 on local taxation.
The Mayor can equally refer the competent court for:
- bringing to order and the suspension of abusive utilisation (Destruction) ;
- the execution of works and development works;
- payment of fine.
Key point : - The destruction of the building is only done if town planning rules in force are not respected (hygiene and salubrity, servicing gaps). - The first solution is the payment of a fine followed by the getting the permit in question; The absence of an implantation permit does not automatically imply destruction of the building.
