National payment of town planning
The Droit of town planning in France envisages many tools to regulate construction.
In the cities and villages not having of a Local plan of town planning or of a communal Chart or a document by holding place, these provisions are fixed by the national payment of town planning .
It is besides about an inaccurate denomination, since they comprise since 1975 of the legal tendencies and either only lawful like before.
These general rules are codified with articles R. 111-1 with R. 111-27 of the code of town planning.
The rule of the limited constructibility
See also: Rule of limited constructibility
One of the legislative measures essential for the communes subjected to the RNU is the rule known as of the constructibility limited :
Taking into account the practical impossibility to build out of the villages and hamlets made up in the communes not having a document of town planning, those, in fact, are strongly encouraged to obtain such a tool for planning, in spite of the cost of the studies necessary to its development.
Regulations of the RNU
Each rule of the RNU makes it possible to limit the right for the manufacturer to carry out a construction when this one would carry reached to an public interest of town planning, hygiene or safety and health.
These rules, divided into 3 sections, are following the
Section I: Localization and service road of constructions
- the article of the code of town planning protects healthiness or with public safety.
- the articles or of the code of town planning make it possible to prohibit or to limit construction to protect them from the Bruit or other serious harmful effects.
- the article of the code of town planning protects the sites and archaeological vestiges
- the article of the code of town planning allows régglementer the accesses, roadway systems and spaces parking so that they are adapted to the foreseeable traffic and are not dangeureux.
- the articles and of the code of town planning makes it possible to prohibit the constructions located in the entries of city, close to the highways or the classified ways with great circulation.
- the article of the code of town planning makes it possible to impose green areas, even adventure playgrounds, proportioned with the importance of the building.
- the articles, and of the code of town planning is relating to the adduction in Drinking water and the cleansing of waste water.
- the article of the code of town planning makes it possible to prohibit or regulate constructions which, by their importance, would cause excessive expenditure for the community (creation of new equipment…).
- the article of the code of town planning limits construction in complement of the rule of limited constructibility, in order to preserve natural spaces, and to support the agricultural activities, forest or mining.
- the article of the code of town planning limits construction for reasons of environmental protection.
- the article of the code of town planning makes it possible to ensure the respect of the orientations of SCOT
section II: establishment and with the volume of constructions
- the articles and of the code of town planning regulate the building installation of on the same ground, in order to protect the sights and the illumination of the buildings.
- the article of the code of town planning regulates the establishment and the height of constructions compared to the highway public (or private), so as to guarantee the rule known as of H (height) =) L (Width): the height of a building must be with most equal to the distance between:
- this building and the way
- more that of the way.
- the article of the code of town planning defines the distances to be respected between the close building and properties, according to the height of the building.
- the article of the code of town planning organizes a mode of exemptions from the rules of the articles R 111-16 to 19, according to the local practice.
section III: aspect of constructions
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the article makes it possible to refuse the license or to impose special regulations for reasons of esthetics.
- the article makes it possible to limit the height of a project according to the height reached by the close buildings.
- the article makes it possible to impose that the blind walls, the walls séparétifs of a construction compared to the close property have an aspect harmonized with that of the principal frontages.
- the article makes it possible to impose landscape installations or margins of batter for enjoliver or to mask the industrial buildings or light constructions or proivisoires.
Coexistence of the RNU and a Document of town planning
The regulations of the RNU are essential in all the communes which do not have of a Local plan of town planning (RAINED) made public or approved or a document having the same function, since these documents of town planning have precisely as a function to define rules adapted better to realities and the local needs that the RNU which applies by definition in the same way in country of scrap-metal or for the villages street, in the north of France as in midday, whereas the urban practices are very different.Certain provisions of the RNU remain in spite of very applicable on the territories covered by a document of town planning, in order to allow to refuse or to grant a Permis to build only subject to special regulations, esthetics respect of the inheritance, of road safety, prevention of the harmful effects.
Notes and references of the article
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