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Law no. 2012-955 of August 6, 2012 aimed at repealing law no. 2012-376 of March 20, 2012 relating to the increase in building rights has been published.
Law No. 2012-376 of March 20, 2012 on the increase in building rights increased by 30% until January 1, 2016 building rights for the expansion or construction of buildings for residential use in municipalities covered by a land use plan (POS), a local urban plan (PLU) , or a zone development plan (PAZ).
One may wonder about the appropriateness of this repeal insofar as the increases resulting from the application of the old text and in force at the time of the promulgation of the new law continue to apply to applications for permits and declarations filed before January 1, 2016.
It should be added that the law of 6 August also modifies article L. 123-1-11 of the Town Planning Code by reducing to 20% (compared to 30% previously) the possible overrun authorized for the rules relating to the size, the height, footprint and floor occupation coefficient for the expansion or construction of buildings for residential use.
This new measure, which follows a reduced rent cap, raises some questions about the substance of the policy intended to stem the housing problem in France.
Maître Grégory Damy Real Estate Law, Nice, UPDATE 2022
