The Demolition permit
Definition
Everybody wishing to demolish all or part of a building (constructions with construction permit), no matter it usage, should first of all obtain demolition permit (see annexe 5). Exceptions are rough, precarious and temporary constructions (constructions with implantation permits)
This obligation notably imposes to the State, Decentralised Regional Collectivities, public establishments and public services contract holders as with private persons.
Assimilated to demolition, is the execution of all work that in effects makes the utilisation of a building impossible or dangerous..
Document study
The documents are transmitted as they are received by the Mayor to a commission constituted as follow:
President: The Mayor or his representative;
Reporter: local representative of the Ministry in charge of town planning
Members:
- local representative of the Ministry in charge of housing;
- local representative of the Ministry in charge of culture ;
- local representative of the Ministry in charge of tourism ;
- local representative of the Ministry in charge of civil defence;
- local representative of the Ministry in charge of the environment;
- local representative of the Ministry in charge of construction;
- local representative of National Corps of fire brigade.
The commission is summoned by it president as the need arises. The Mayor is in charge of transmitting to members all or part of the document five (5) days before the meeting date.
Deadline
Within fifteen (15) following the submission of the application and during the study of this one, the Mayor post a notice filed in application including the following: name of the applicant, address of the land and if there is place, number of buildings and net surface hors œuvre of the floor whose demolition is being projected.
The deadline for the study of demolition permit is fixed at forty five (45) days from the date the document was filed.
The demolition permit is said to be acquired if the applicant is not notified by a rejection decision.
All rejection decision or respite ruling should be motivated. The demolition permit expires if demolition is not realised within the deadline of one (1) year from the date the demolition permit was tacit or expressly issued.
Composition of document
The application document for demolition permit is established in five (5) copies, and includes:
- A stamped application at the regulated rate (see annexe 5);
- The situation plan; Mass plan of the construction to be demolished or to be conserved.
The application should specify:
- The present conditions of building occupation and utilisation;
- The net floor surface hors œuvre; The motives of the projected operation;
- The nature and importance of works necessary in case of partial demolition;
- Technical stability and security measures of the parts to be conserved;
- Neighbourhood technical security measures.
Copies of demolition permit document informing the Mayor of the council of the situation of the building, are filed against a receipt.
Conditions of realisation of works
The beneficiary of demolition permit in a visible manner should post on the land, and during the duration of the demolition site, the number or the date the permit was issued or, if need be, a receipt of filing the document.
He informs the Mayor of the Council, as works are starting, a declaration opening the demolition site in view of permitting council or State technical services to verify the implantation in order to assure safety and hygiene.
