The Legal Regime of Urban Planning Plans in France

Abstract

French law, since the Revolution, has considered property a “sacred and inviolable right” (Article 17 of the 1789 Declaration of the Rights of Man), confirmed by the Civil Code in its Article 544: “property is the right to enjoy and dispose of things in the most absolute manner.” A property owner’s right to use their land – and therefore to build – seems absolute.

However, the need for public authorities to regulate land use has also arisen, without conflicting with the right to property: in 1607, King Henry IV sought to protect public land by establishing the rule for aligning houses along public roads; in 1852, Baron Haussmann, prefect of the Seine department, required builders in Paris to obtain a building permit. Gradually, urban planning rules multiplied, drafted by Parliament (laws), the government (decrees), or local authorities (municipal council resolutions, mayoral orders).

These numerous and sometimes complex rules are not uniform across the territory, as planning policies differ: the 36,600 communes vary in size, population, budgets, and political priorities. The State, in turn, cannot remain indifferent to these policies, as “the French territory is the common heritage of the nation” (Article L 110 of the Urban Planning Code). Since the decentralization law of January 7, 1983, communes have played a central role in urban planning: the mayor and municipal council are key actors in urban development. Yet they must respect the rules imposed on them (1), and they may themselves choose to establish rules (I).