Question 19829 — town planning

Summary

Mrs. Sabine Thillaye draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the specificities of the legal regime applied to the Loire and the provisions relating to real estate. Thus, article L. 2124-16 and paragraphs two and three of article L. 2124-18 of the general code of property of public persons (CGPPP), which define the usage rights for residents of the Loire, prohibit the erection of buildings on land between the dikes and the river, on the dikes and levees or on the islands. On the ball side, the works are subject to prefectural authorization. These provisions therefore prohibit any construction or reconstruction under penalty of a fine of 150 to 12,000 euros, with formal notice and restoration of the premises. In Indre-et-Loire, many Loire communes are affected by this situation. They cannot redevelop or rebuild real estate on land between the dike and the river. These municipalities often suffer the double penalty of an urban plan limited in terms of expansion and an inability to develop buildable areas. Today, technology allows, while preserving the safety of people and property, as well as the specificities cultural and natural features of the river, to develop, redevelop or reconstruct buildings. A parallel case exists in Germany, where the federal authorities have authorized residents of the Rhine to be able to rebuild and develop real estate under specific, but flexible, conditions. Also, she would like to know the Government's intentions regarding the relevance of paragraphs 2 and 3 of article L. 2124-18 of the code general property of public persons.

Machine translation from French. The official text remains authoritative.

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• Sabine Thillaye · auteur

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