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France — Advice for resisting the authorities in light habitats

New WorldFrance — Advice for resisting the authorities in light habitats

New World - Jan 12, 2023

More and more people who live in light habitats or who plan to do so, are asking questions about potential administrative threats and the appropriate means to respond to them.

   

Before starting to get to the heart of the matter, Jonathan Attias summarizes the law and its application. Before 2014, there was no real statute that explained what light housing is. Since the ALUR law, the notion of “removable residence” has been defined. It is a habitat that has no footprint, in other words that has no foundation, with no size limit. Contrary to what we imagine with the term "light habitat", we can quite have space and a yurt of 50 m2 for example.

The ALUR law also determines the legal framework that applies to the removable residence, through the STECAL (sectors of limited size and capacity) which are areas within the local urban plans that can derogate from the building areas. traditional to allow light housing to be installed there.

Before 2014, STECALs could only be determined by the town halls. Since the ALUR law and the latest territorial reforms, things have become more complex: if you want to put a STECAL in a municipality, you have to go through a departmental commission, the CDPENAF, and come to an agreement with the whole of the surrounding municipalities, within the framework of the local inter-municipal urban plan.

All those who go knocking on the door of a town hall to ask for help should not expect it to open its arms to you, because it has lost its right of decision. On the other hand, she has earned the right to denounce you.

“City halls today are deprived of this right to decide. So it's not worth asking them for permission because it embarrasses them."

Jonathan Attias

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