Constraint of public utility

The constraints public utility are administrative constraints which must be annexed to the Local plan of town planning in accordance with the L126-1 article of the Code of town planning French.

These constraints are divided into four categories:

constraints of protection of the inheritance (historic buildings and sites)
constraints relating to the use of certain resources and equipment
constraints relating to the National defense
constraints related on healthiness and the Public safety (surfaces submarines, prevention plans of the risks, protection around the mines and careers).

Their list appears in the article of the Code of town planning. Generally they are justified by reasons for public utility (right of way of electric line, aeronautical constraint of release). They establish, on the initiative of the administration, due to public utility, of the limits to the property right and use of the ground. They are instituted under the terms of the regulations which are clean for them.

However all the administrative constraints are not concerned. They are

the constraints of town planning
of the constraints related to public works (which are often temporary)
constraints of protection of the public health.

They are distinguished moreover private constraints from the Civil code French, which are a load attached to a heritage for the service and the benefit of a heritage pertaining to another owner. These two types of constraints are however similar as for their effects: one like the other affect the Right of use of a good.

For memory one will note the existence of the constraint of common court which is located at the confluence of the right of town planning (because moved by reasons of town planning) and civil law (because it is a constraint of private utility).

Notes and references of the article

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