Using an Architect: a few guidelines
It is not infrequent for properties to require significant works either of renovation or extension for example. One will need to prepare a budget and the question arises as to whether it is necessary to hire an architect, which may not be an insignificant expense. An architect is a professional whose technical expertise may prove invaluable and if he is local he may be well known by the local authorities and he may be able to assist in having a particular project approved.
There are to start with a number of cases where an architect is compulsory.
First of all, in the case of works requiring planning permission (a ‘permis de construire’), an architect must be appointed. These include in particular the creation of apertures on external walls, the creation of a loft area of over 20 m2 of habitable surface… In addition, an architect is also compulsory in the case of works for the construction or extension of a property exceeding 170 m² of net habitation surface, when a private individual initiates such works. The same rule applies if the habitable surface of the dwelling is less than 170 m² if the consequence of the works envisaged would be to increase such surface to over 170 m². This 170 m² rule does not apply to works ordered by a corporate body.
In the case of a collective building it is always recommended to consult with the Syndic and this is compulsory if the works have any impact on common areas. In that case, the works will need to be authorised by the general meeting of co-owners. It is also essential to check the co-owners regulations (‘réglement de copropriété’) as they usually contain provisions on the procedure to be followed depending on the type of works involved. The Syndic may wish to impose an architect that they usually use and the ultimate architect chosen will be a matter of negotiation with them. In most cases (except emergency situations) the choice of an architect will require the approval of the general meeting of co-owners under a procedure of call for tenders.
On the opportunity of using the services of an architect, which may be a fairly costly exercise, certain works will not necessarily, as a matter of course, call for the recourse of an architect such as for the renovation of heating installation or the upgrading of a lift installation to current norms. For such works, a ‘bureau d’etudes’ or even the Town Hall (‘Mairie’), in particular with town planning issues, may be able to assist.
There is also a grey area where a mere declaration of works, as opposed to an actual planning permission, is required. In theory, the recourse to an architect for such works is not compulsory. However, it may be advisable in some cases to have one on board, in particular if the consent of the ‘Architecte des Bâtiments de France’ (“ABF”) is required, e.g. for listed buildings or for buildings situated within 500 meters of a historical monument. (e.g. a church) if the works planned affect the external appearance of the building. Again, the architect can help in smoothing out difficulties and finding solutions acceptable by the ABF.
The architect has a duty of information towards you, which extends to the legal, administrative and financial implications of the works which you intend to carry out. His proposals must be compliant with the rights of third parties, but only provided that you have informed him of the same. Information on this will often be contained in the title deed of your property (such as the existence of a right of way, a right of view etc). According to relevant case law, the architect has the duty to inform his client of any increase in the cost of the works compared with the initial quote, and must make enquiries on the client’s financial resources to assess the financial soundness of the enterprise. It is to be noted that the law does not regulate architect’s fees and as a rule, one should obtain a written proposal from the architect on the subject of his fees. A remuneration of between 8% and 12% of the cost of works is not infrequent.
Hervé Blatry Avocat
Stanley Tee LLP TEE FRANCE Ligne directe 01279 710621 Email [email protected]