The government’s housing policy is entering the implementation phase. The simplification at the national housing meeting on 22 February 2024 have been translated into draft legislation and approved by the government council.

The first major reform is the overhaul of article 29bis of the law on affordable housing. “The aim of this article was to build more housing, particularly affordable housing, but it was difficult to implement,” points out  (CSV), minister for home affairs. The scheme will be simplified and its application extended to public developers. In concrete terms, the percentages of affordable housing in special development plans (plan d’aménagement particulier, or PAP) will be unified: 15% for zones currently classified as building zones; 20% for zones newly classified as building zones and 30% for housing zones designated by the sectoral “housing” master plan.

Densification of neighbourhoods

Second--and this was a major request from developers--the new neighbourhoods will be denser. It will now be possible to build more homes on the same surface area, with fewer parking spaces--one per affordable home from now on--and more green spaces. And affordable housing will be excluded from the calculation. According to Gloden, this reform will enable an additional 9,300 homes to be created in the new districts, 3,600 of which will be affordable. If the reserve areas are taken into account, 14,600 homes could potentially be created, including 5,600 affordable homes. On average, homes will lose between 25 and 30 square metres, explains Gloden. “This will not affect the quality of life of residents,” he says, pointing out that this reduction in floor space is “a request from local authorities.”

More of a novelty than a Copernican reform: the introduction in general development plans (plan d’aménagement général, or PAG) of an urban park zone in which the construction of restaurant and retail spaces will be authorised, unlike the current parks.

“Silence means agreement” in two stages

The second major reform is the introduction of the “silence means agreement” principle. This will be introduced in two stages. In the first phase, a number of procedures (building permits, listed establishments, road permissions, archaeological excavations, water management, etc.) will be subject to deadlines. Once these deadlines have expired, the administration’s silence will be deemed equivalent to a refusal. By the end of 2025, this paradigm will be reversed and silence will be equivalent to agreement. By the end of 2025, all procedures will be digitised. The duration of procedures will have to be contained within four months, a period set after consultations with Syvicol. However, the minister warns that silence does not mean permission to do anything and everything: “The PAP, PAG and municipal regulations will continue to apply.”

The adoption of the “silence means agreement” principle is accompanied by new bagatelle limits for smaller-scale works such as the construction of garden sheds, small photovoltaic installations or interior works. Depending on the case, permission or even a declaration will no longer be required.

Making business parks more attractive

Another measure that has been eagerly awaited by the industry is the revision of planning regulations for business parks (zone d’activité économique, ZAE). These zones will also be made denser and, above all, complementary or new activities will be able to be introduced to enhance their attractiveness, explains Gloden, referring to service activities, local commerce and research. The installation of renewable energy infrastructures will also be facilitated. Finally, in regional and national zones, companies--subject to conditions--will be able to create accommodation for their employees.

Environment minister  (CSV) has announced the harmonisation of all environmental investigation procedures. This concerns legislation relating to environmental impact assessment, classified establishments (”commode”), water management and the protection of nature and natural resources. A bill to this effect will be presented to the government council at the end of the month, which will transpose into national law the RED III directive on the deployment of renewable energies. In the name of administrative simplification, the thresholds for mandatory environmental impact assessments will be increased. These are known as “insignificance thresholds.” For example, the installation of photovoltaic farms on any type of building in a green zone will now only require a declaration instead of an authorisation. The time limits for processing applications will also be standardised, and the principle of “silence means agreement” will apply.

Advisory services for local authorities and professionals

The aim of all these simplification measures is to improve housing construction, with the emphasis on speed, efficiency and quality, says housing minster  (DP). “Our objective is clear: to promote high-quality urban planning that combines sustainability, biodiversity and the orderly development of local communities, enabling the creation of sufficient living space and suitable housing and thus helping to stabilise prices.” For the minister, there is no question of bypassing the municipalities, “essential partners in creating more housing.” All the measures announced today have been taken in consultation with them during numerous meetings--“41, to be precise”--with the local authorities, which have specific requests--such as, for example, that priority for affordable housing should be given to people who live or work near or in the local authority--and a strong need for advice.

With this in mind, and in order to help local authorities and private developers plan their building projects, the CFUE (Cellule de facilitation unbanisme et environnement) has set up a service to optimise advice to developers and strengthen the authorities’ support role for those involved in the construction industry. “The aim of this consolidated approach is to save time and manage resources more effectively,” says Meisch. The Local Authority Support Unit within the ministry of housing and spatial planning will assist local authorities with their affordable housing projects and the implementation of the Housing Pact 2.0. It will act as a contact point for housing strategies and offer technical, administrative and financial support.

Between now and the end of the year, other measures will be taken, “always with the aim of building more and faster”: the introduction of co-living into the law, the adoption of a regulation on buildings, the revision of the procedures for PAGs and PAPs and the digitisation of the procedures for these PAPs and PAGs.

This article was originally published in .