Question 18992 — town planning

Summary

Mr. Francis Vercamer draws the attention of the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for cities and housing, to the conditions of exemption of municipalities subject to article 55 of the urban solidarity and renewal law (SRU). Decree No. 2017-835 of May 5, 2017 provides for possibilities of exemption from application of production obligations of social housing for municipalities where half of the urbanized territory is subject to non-buildability under the conditions provided for by the second paragraph of III of article L. 302-5 of the construction and housing code. However, these restrictive conditions do not summarize the attacks on the constructive capacities of the municipalities. They exclude in particular the restrictions introduced in terms of land law to ensure the preservation of natural and environmental resources, particularly water catchment supply areas. However, several solutions could make it possible to take these restrictions into account. This may involve, firstly, extending the possibilities of exemption from the application of social housing production obligations to municipalities subject to compliance with legal obligations linked to the protection of drinking water resources. (project of general interest, DUP and/or catchment supply area) geographically and materially limiting their possibility of waterproofing, constructability, urban extension and de facto construction of housing. Failing this, it would be possible to consider exempting these municipalities from levies under the same conditions as those provided for by article L. 302-7 of the construction and housing code or to establish reductions in levies decided by the prefect (based on the model for increases in levies for municipalities declared to have a deficiency). Finally, it would still be possible to include these municipalities in the list of “isolated” municipalities or EPCIs and agglomerations whose municipalities are subject to the 20% obligation provided for by Decree No. 2017-840 of May 5, 2017 and to exempt them from any increase in penalties. He therefore asks him provisions that the Government is ready to implement to take into account the situation of these municipalities which face two contradictory obligations.

Machine translation from French. The official text remains authoritative.

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