Overall surface clear

The overall surface clear or SHON is used in Droit of the Urbanisme French.

Overall surface rough (SHOB), it is appropriate to make the following deductions to know the SHON:

  • surfaces of the roofs and the nonsuitable basements for the dwelling or activities related to commercial professional, artisanal, industrial or (in particular height under ceiling or roof lower than 1,80 m),
  • surfaces of the flat roofs, the balconies and the nonclosed parts located at rez of roadway,
  • surfaces assigned to the use of cellar since there is no opening on outside other than those intended for ventilation,
  • surfaces of the buildings or parts of the buildings arranged for parking of the vehicles (garage),
  • surfaces of the buildings assigned to the housing of harvests, the animals or the farm equipment,
  • surface equalizes to 5% of the SHON assigned to the dwelling (standard deduction relating to the insulation of the buildings),
  • deduction specific to the operations of repair of the residential buildings within the limit of 5 m2 by housing for work tending to the improvement of hygiene.
  • deduction of a contractual surface of 5m ² by housing complying with the rules relating to the interior accessibility of the residences to the handicapped people envisaged according to the case with articles R. 111 18-2, R. 111-18-6, or with articles R. 111-18-8 and R. 111-18-9 of the code of construction and the dwelling.

There exists a certain jurisprudence relating to the concept of suitable buildings or not in particular with regard to the cellars. On this subject, a stop of May 18th, 2004 returned by the administrative court of call of Paris sliced. This stop justified a ministerial answer as well as an answer published with the official bulletin of the right of the town planning of May 2005. These answers state clearly that the criteria of consistency and assignment of the buildings should not be confused.

Conclusion: the surface assigned to the cellar is well to deduce from the SHOB since it is deprived of openings on outside other than those necessary to its ventilation.

The SHON must be lower or equal to the surface of the ground multiplied by the Percentage occupied time of the grounds (COS).

Sources

Texts of reference

  • Article, as successively written by:

    • Décret nº 76-276 of March 29th, 1976 Official journal of March 30th, 1976 goes back to coming into effect April 1st, 1976
    • Décret nº 77-739 of July 7th, 1977 Official journal of July 8th, 1977
    • Decret nº 87-1016 of December 14th, 1987 Article 1 Official journal of December 19th, 1987
    • Décret nº 88-1151 of December 26th, 1988 Article 1 Official journal of December 28th, 1988 in force on January 1st, 1989
    • Décret nº 2000-1272 of December 26th, 2000 Article 1 Official journal of December 28th, 2000)
    • Décret nº 2006-555 of May 17th, 2006 Article 10 Official journal of May 18th, 2006 in force on January 1st, 2007

General sources

  • SHON on Circular service-public.fr
  • n° 90-80 of November 12th, 1990: * Circular n° 99-49 of July 27th, 1999

References

See too

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