When you're gearing up for construction work, there's a crucial and mandatory step that comes after you’ve secured your building permit but before any actual work begins: the declaration of the start of construction.
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| How to Declare the Start of Construction |
This is a necessary procedure, and failing to complete it can land you in legal trouble. So, how do you notify the authorities, and who exactly do you notify? Which types of construction projects require this procedure, and what are the specific steps involved?
In this article, we’ll break down everything you need to know about this declaration so you can start your renovation or construction work with peace of mind.
What Is a Declaration of the Start of Construction?
Anyone planning to carry out construction or development work (building, pool, demolition, etc.) is required to file a Declaration of the Start of Construction (DOC or DROC) with the urban planning department of their local town hall.
This step is free of charge and allows the municipality to ensure that the planned work complies with current urban planning regulations.
Who Is Affected by the DOC/DROC?
The notification is mandatory for anyone looking to undertake construction or development work on their property, whether they’re an owner or a tenant, as long as they hold a building or development permit.
This process applies to both private individuals and building professionals, such as architects and contractors.
If you’re planning to have a house built by a construction company, they will typically handle the declaration for you. The same goes if you’re hiring a company to carry out development or renovation work on your home.
However, if you decide to do the work yourself, it’s your responsibility to submit the declaration to your town hall. If the planned work requires an authorization to open the site, it's also up to you to obtain it.
On the other hand, project managers who only need to file a prior notice of work are not required to follow this procedure and only need to notify the completion of the work. Similarly, those with a demolition permit are exempt from this procedure since they don't hold a building or demolition permit.
Is the Declaration of the Start of Construction Mandatory?
The declaration is absolutely essential, regardless of the type of work planned.
This procedure allows the municipality to ensure that the work complies with the rules in place and does not endanger the safety of local residents.
According to Article R*424-16 of the Urban Planning Code:
When construction begins, the holder of the building permit sends a notification in triplicate to the mayor of the municipality.
Upon receipt of the notification, the mayor keeps one copy, sends another to the authority that issued the permit, and forwards the third to the prefect for statistical purposes.
Work cannot begin until this procedure has been completed.
DOC/DROC: Essential for Insurance and Guarantees
The notification of the start of construction is crucial for the validity and implementation of Construction Damage Insurance (DO) as well as for the ten-year warranty.
This is mandatory insurance that must be taken out before the work begins, and the insurer requires the DOC/DROC document.
When Should You Submit Your Declaration of the Start of Construction?
The notification must be submitted before the work begins, whether it's carried out by the property owners or by a construction company.
If you hire a company to do the work, they are responsible for submitting the declaration.
If you’re handling the project yourself, then it’s up to you to complete this process with your municipality.
What Legally Marks the Start of Construction?
There’s no legal definition of what constitutes the start of construction. Judges typically consider the arrival of materials or the installation of fencing around the site as the beginning of the work.
In practice, this means you cannot file your declaration after starting the work.
For example, if you’re planning to build a house, you can’t file the notification after clearing the land. Similarly, if you want to build a terrace in your garden, you can’t file the declaration after leveling the ground.
Starting work without filing the declaration can lead to legal penalties.
Steps to Declare the Start of Construction
Declaring your DOC/DROC is not particularly complicated. You just need the building permit number issued by the town hall, and there are two ways to file your notification: online or through the Cerfa paper form.
No matter which method you choose, you don’t have to wait for a response from the municipality. It’s simply a notification.
Declaring Online
Some town halls offer the option to declare your start of construction on their website. Not all town halls offer this, so it’s essential to check in advance and use the Cerfa document instead if they don’t.
To declare online, you simply fill out the form provided and attach the required documents, which include:
- The building or development permit number
- The identity and contact details of the declarant
- Information about the start of the construction, such as the date, area, location, number of housing units, etc.
If you declare online, you don’t need to visit the town hall in person.
In practice, it’s recommended to file the notification a few days before the construction starts to avoid any risk of delay.
Filing with the Cerfa Form
If you don’t want to declare online or if your municipality doesn’t offer this option, you can use Cerfa form No. 13407*03.
This document is available for free on the public service website. The information required is the same as for the online form, as mentioned in the previous section.
To declare this way, fill out the form in triplicate and submit the declaration within 10 days of the start of work to your town hall, either in person or by mail.
What Are the Penalties for Failing to Declare?
The law doesn’t specify a penalty for failing to file the DOC/DROC in the Urban Planning Code. However, if a builder fails to present this document to their insurer, the insurer may refuse to provide coverage under the insurance policy.
It’s the failure to obtain a building permit that carries heavy legal penalties. If you start work without the permit, you could be fined between €1,200 and €6,000 per square meter of built-up area.
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