What is a garden shed?
A garden shed is a small metal, wood or PVC cabin intended for the storage of equipment (gardening tools, lawn mower, garden furniture and equipment, pool accessories, etc.). The shelter is usually built in the garden or on a terrace.
What regulations surround the construction of a garden shed?
Permit or declaration according to the dimensions of the shelter
The regulations relating to gardens shelters depends on its area and the rules in force in the municipality of residence. Thus, the formalities to be accomplished differ depending on the square footage created on the ground by the installed shelter. If its surface is less than 5 m², no authorization is necessary.
However, some municipalities may require compliance with specific rules. Thus, a local urban plan can impose a prior declaration even if the area on the ground of the shelter is less than 5 m². Also, it is advisable to get closer to the town planning services of its town hall or the departmental agency for housing information (ADIL) in order to find out before any installation.
Maximum height of a garden shed not subject to authorization
The garden shed not subject to authorization must not exceed a height of 12 meters.
Distance to respect with the neighbor’s property
In the absence of specific provisions in the local urban plan (PLU), the garden shed must be located at a minimum distance of three meters with the neighbor’s land.
Protected sectors
Finally, there are also so -called protected sectors such as those near historic buildings or remarkable sites. The regulations relating to the installation of garden shelters are more strict. Again, you must inquire with the town planning services of the competent town hall.
Do you need a building permit for a garden shed?
The urban planning procedures to be carried out for the construction of a garden shed vary according to the area created on the ground:
What are the steps to make a prior declaration at the town hall or obtain a building permit?
Do the procedures with the town hall of his town
Making a prior declaration or obtaining a building permit involves getting closer to the town hall of your municipality of residence in order to take the necessary steps. In office, the file to be formed may be submitted:
- Dematerialized
- By letter rar
- Or in hand clean against receipt.
Cerfa forms to be completed
There are specific forms for each of these requests:
- Prerequisite: CERFA 16702*01
- Building permit: cerfa 13409*15 or cerfa 13406*15
To know : It is possible to obtain assistance via an online assistance service on the Internet with town planning procedures.
Can we install two shelters of 5 m² without authorization?
Yes, you can install two 5 m² garden sheds each without authorization, provided you do not stick them to prevent them from being considered as a single shelter subject to authorization.
How to declare an already built garden shed?
Make a posteriori statement
Have you undertaken construction work without knowing the applicable regulations? Or have you acquired the property with the built but not declared shelter? It remains possible to file a prior declaration of work or a building permit in an attempt to have the a posteriori operation validated. But this is not a regularization approach proper: you have to fill out the form as if the shelter was only at the project stage.
Sanctions in the event of an undeclared garden shed before the prescription date
What risk if you do nothing? You engage your responsibility because of the presence of the shelter. Indeed, the construction of a shelter without urban planning authorization constitutes an offense. You can be prosecuted, both by the town hall and by neighbors concerned. You therefore incur civil, criminal and administrative sanctions as long as the limitation periods are not sold, is maximum over ten years.
Is it mandatory to declare a garden shed at taxes?
It is not necessary to declare the creation of a garden shed with the tax service. This is directly informed following the prior declaration or the building permit filed with the town planning services. On the other hand, it is compulsory to declare your swimming pool within 90 days of construction.
What are the taxes to pay for the installation of a garden shed?
Development tax
The installation of a garden shed of more than 5 m² leads to the payment of the development tax (Article 1635 Quater D 10 e of the general tax code). However, there are possible exemptions on all or part of the shelters (depending on their size). These are decided during the municipal council. Get closer to the services of your town hall to find out more.
Archeology tax
In the event of an impact on the basement due to the construction of the shelter, a preventive archeology tax can be required.
Online simulator to estimate the amount
The government provides beneficiaries of an urban planning authorization an online simulator to estimate the amount of the development tax and the archeology tax. It should be indicated:
- the date of issuing the urban planning authorization,
- the town’s postal code,
- Cadastral references,
- the legal situation of the field,
- the use destination,
- The nature of the surface created.
What differences between an independent, attached and communicating garden shed with a building and a shed?
Very often, by shelter, garden hut or shed, we hear the same wooden construction or other material made in order to store equipment.
On the other hand, from the moment the simple shelter communicates with a building, whether it is the house or another dependence, its nature may change. Additional authorizations may then be necessary. Thus, if the shelter communicates directly with the adjoining house or apartment, it can be considered an extension of the main habitat. However, this is generally subject to authorization.
Even when the shelter is simply “attached” to another structure without internal communication, there may be reinforced declarative obligations. This is usually considered that an attached garden shed modifies the external appearance of the main building. Its construction is therefore subject to obtaining a prior declaration, from 0 to 20 m² of floor area created. Beyond that, a building permit will have to be asked.
>> Our service – Energy renovation: Calculate the amount of your aid (Maprimerenov ‘, CEE …) and find the right craftsman for your work
