The Construction permit

Définition

Construction permit is an administrative deed that authorises a construction after verification of it conformity with the rules of art and town planning rules in force (see annexe 4).


Whoever wish to undertake a construction, even if it is not having a foundation, should in priority, obtain a Construction Permit issued by the Mayor of the concerned Council.


Construction permit is equally required for works executed on existing constructions when in effect they intend to change the destination, modify the external aspect or their volume, or create supplementary levels.


Key point : Why construction permit is required? 

Everybody is free to use his land, but this liberty is limited because of consequences brought by constructions, or extensions on the neighbouring buildings, to the environment, interest of natural or built landscapes and to developments projected by the council. Hence the right to use the land is limited by the Land Occupation Plan (LOP) or if not available, by general land utilisation rules.

Study procedure of construction permit procedure

The form is collected from the services of the town council. The list of the required document is indicated in the notice attached to the form.

Copies of construction permit document addressed to the Mayor of the Council in which the construction is envisaged should be deposited against a receipt.

Within fifteen (15) following the submission of the application and during the study of this one, the Mayor post a notice filed in application for construction permit including the following: 
  • Name of the applicant ; 
  • Address of the land; 
  • Net surface without works ; 
  • Construction destination.
From reception, the documents are transmitted to the commission examining construction permits.

The decision of construction permits examination commission are taken through The decision of construction permits examination commission are taken through.

The final decision if notified to the applicant by the Mayor.

Delivery criteria of construction permit

  • Constructions projected are in compliance to town planning measures concerning work implantations, their nature, their destination, their architecture, the development of their surroundings, and respecting general construction rules in force; 
  • The work plan was elaborated under the responsibility of an architect registered in the Cameroon National Order of architects..

Deadline of obtaining construction permit

The deadline for the study of construction permit is fixed at forty five (45) days from the date the document was filed. The construction permit is said to be acquired if the applicant is not notified by a rejection decision.

The deadline for the study of construction permit is fixed at forty five (45) days from the date the document was filed. The construction permit is said to be acquired if the applicant is not notified by a rejection decision.

Composition of document for construction permit application

The application document for construction permit is established in five (5) copies, and includes :
  • a stamped application at the prescribed rate established on the administrative form signed by the landlord or his representative (see annexe 4) ; 
  • Town planning certificate ; 
  • Ownership certificate dating at least six (6) months or a deed of the minister in charge of the domains; 
  • A descriptive, quantitative and estimative estimate of works; 
  • A mass construction plan to be published or modified (Scale 1/200 or1/500); 
  • A situation plan of the land (Scale 1/10 000 or 1/5 000) ; 
  • Execution plans including foundation plans, distribution, roof, façades, styles and structures if there is place for defined scales in the construction permit application, an insertion cut in the site; A drainage system (septic tank plan) ; 
  • Different detailed plans: for fences and swimming pools, detail plans (styles); 
  • Empty photos of the site and it surroundings;
  • Technical and financial documents or measures prescribed by Town Planning Certificate..

Composition of construction permits documents examination commission

President: The Mayor or his Representative; 
Reporter: local representative of the Ministry in charge of town planning; 
Members:
  • ocal representative of the Ministry in charge of housing; 
  • local representative of the Ministry in charge of the environment; 
  • local representative of the Ministry in charge of culture when the construction permit is demanded in view of realising construction works classified as national cultural or humanity heritage; 
  • Representative of civil engineering laboratory; 
  • Representative of National Corps of fire brigade; 
  • Representative of Professional Orders of sector exercising in this locality.
For establishments receiving the public, it is strongly recommended for collectivities to associate an independent architect and/or an urban planner in the examination of construction permit documents.

Key point : Functionng of the examination commission : 1. The president of the commission – that is the Mayor – summons each commission member; 2. Each member will receive all or part of the document five(5) days before the meeting date.

 Conditions of realisation of works

The beneficiary of construction 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 and hygiene.

Minutes of implantation is established to this effect, contradictorily by the project manager and control services.

Costs

The rate of construction permit voted by the municipal council is fixed at 1% of the total cost of construction.

Applicables penalties in the case of non presentation of construction 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. Municipal policy has as objective to ensure order, safety, peace, public security and hygiene, the Mayor has the mission of demolishing buildings constructed without construction or implantation permits.

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 absence of a construction permit does not automatically imply destruction of the building. - The first solution is the payment of a fine followed by the getting the permit in question; - The destruction of the building is only done if town planning rules in force are not respected (hygiene and salubrity, servicing gaps)
Facebook
Facebook

Construction permit application form

Click here to download the Construction permit application form

Advertising space