Clarification for farmers on the building permit for their dwelling on their farm

Questioned about the difficulties faced by farmers in obtaining a building permit for their main residence, the Minister of Agriculture and Food clarified, through a ministerial response dated October 31, 2019, the conditions under which farmers can obtain a building permit for their home on their farm classified as an agricultural zone in the Local Urban Plan (PLU).

First, Article R. 151-23 of the Urban Planning Code provides that constructions necessary for agricultural operations may be authorized in agricultural zones (A) of the Local Urban Plan (PLU), and a dwelling may be considered a construction necessary for agricultural activity if the operation requires the close and permanent presence of the operator (CE, May 14, 1986, Loberot, appeal no. 56622), a circumstance assessed on a case-by-case basis by the judges.

Then, in the event that the operator cannot obtain authorization to build their house in the agricultural zone of the PLU, Article L.151-13 of the Urban Planning Code provides that the PLU regulations may, exceptionally and after consultation of the Departmental Commission for the Preservation of Natural, Agricultural and Forest Areas (CDPENAF), delimit in zones A sectors of limited size and capacity (STECAL) in which constructions may be authorized, so that even if the operation does not require a close and permanent presence of the farmer, their house may nevertheless be authorized in zone A.

The Urban Planning – Expropriation division of Macfarlanes LLP, led by Maître Claudine Coutadeur and Maître Sophie Marques, is at your disposal to assist you with your building permit applications on your farm.

Urban Planning