The principle of independence
Three consequences, often misunderstood.
Each authorisation is issued by its own authority, under its own procedure and its own timetable.
Obtaining one does not prejudge the others. A building permit may be granted while a sectoral authorisation is refused, and the converse is true.
Starting requires having them all. The missing link determines the start date, whatever the progress made on the others.
Applications are therefore best lodged in parallel rather than in sequence, as the article on processing and timescales recalls.
| Permit | When it applies | Authority |
|---|---|---|
| Classified establishments | According to the activity carried on | Competent administrations |
| Environmental permit | According to location and works | Environment administration |
| Occupation of the public domain | Works encroaching on the highway | Municipality |
| Network connections | According to project needs | Network operators |
The classified establishments regime
This is the most structuring regime for non-residential projects. It concerns classified establishments.
Certain establishments and installations are subject to their own authorisation regime, commonly referred to by the public inquiry procedure known as commodo and incommodo.
Establishments are divided into classes, and the competent authority differs by class. Some fall to the mayor, others to a ministerial authority, and certain categories are subject only to notification.
Construction or operation may not begin until the authorisations required on this basis have been obtained.
This authorisation does not dispense with the building permit, which remains issued by the mayor, and vice versa.
The period for challenging a decision taken on this basis differs from that applying to the building permit, which means no reasoning by analogy.
Other frequent authorisations
Five families, depending on the nature of the project. They cover environment, employment, highways and networks.
Highway permission, where the project affects the public highway or access to it.
Authorisations under nature protection law, covered in the article on easements and protections.
Water-related authorisations, notably for discharges, abstractions or works near watercourses.
Waste-related authorisations, particularly for managing spoil and construction waste.
Information or authorisation on heritage, according to how the building is identified.
This list is not exhaustive, and identifying the applicable authorisations calls for a project-by-project examination.
How to identify those that apply
Four steps, to be taken early.
Describe the complete project, use, technical installations and external works included, rather than the building alone.
Ask the municipality's technical service, which can advise on the existence of additional authorisations required.
Use the official orientation resources, a national portal bringing together the procedural aspects relating to planning, highways, nature, water, energy, classified establishments and waste.
Approach the competent administrations directly for the regimes identified, the municipality having no competence to rule in their place.
The effect on the programme
Three points to build into planning.
The timetables are not aligned. Each procedure has its own timescales, and some include a public inquiry stage.
Appeal periods differ between regimes, which lengthens the overall period of uncertainty.
The lapse period of the building permit runs throughout, as the article on lapse and extension recalls.
What this means for a professional
Four rules.
Identify all the authorisations required before lodging the first, rather than as the project unfolds.
Lodge in parallel rather than in sequence, whenever the procedures allow.
Do not transpose timescales from one regime to another, particularly appeal periods.
Remind the client that the start depends on the slowest link, not on the building permit alone.
This article reflects the regulatory framework at the date of checking and serves professional orientation. It does not replace consultation of the competent administrations or legal advice.