Question 17724 — town planning

Summary

Mr. Peio Dufau draws the attention of the Minister of Territorial Planning and Decentralization to the new regulatory framework concerning the construction of subdivisions in remarkable heritage sites resulting from the second “mega-decree” of simplification. Mr. MP is alerted by elected officials in his constituency who are very concerned about the publication of this decree dated July 29, 2026 removing the requirement for a permit to develop for the construction of subdivisions in areas of remarkable heritage sites. Article R*421-19 of the town planning code is thus amended: from now on, subdivisions located within the perimeter of a remarkable heritage site, in the vicinity of historic monuments, in a classified site or in the process of being classified are no longer subject to a planning permit by default. This pure and simple deletion of the requirement for planning permission is questionable on several grounds. This requirement for a planning permit for protected areas does not constitute a simple formality. This is a real guarantee of heritage preservation, both from an aesthetic and environmental point of view. This modification of the town planning code renders meaningless the principle of remarkable heritage sectors in this area. These areas have by definition intended to be better protected and therefore subject to a stricter protection regime. Furthermore, given the few places concerned, it is necessary to leave greater room for intervention to town halls in matters of town planning. These town halls have a concern for heritage protection which they were previously able to achieve thanks to this planning permit. By removing this regulatory tool available to mayors, the decree undermines a policy which tends to strengthen their power. Finally, simplification in this area appears in no way necessary. It should be remembered that a planning permit is often processed within the same time frame as a simple declaration. Administrative simplification must not be done to the detriment of heritage and environmental protection standards which protect the collective interest. Mr. MP is attached to the accessibility of housing but he nevertheless remains convinced that a real policy will not involve an unconsidered unraveling of standards which opens the way to speculation on land plots, particularly in tense areas. He therefore asks what is the desired objective of removing this requirement for remarkable heritage sites. In addition, he asks what compensatory tools the Government intends to implement so that municipalities can continue to protect the heritage coherence of these places. He finally asks her if she intends to suspend the application of this regulatory modification while waiting for a real consultation with local stakeholders to be carried out, which in the territory, to say the least, has been lacking.

Machine translation from French. The official text remains authoritative.

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