Rules to build a loggia on our balcony in France

You need parallel approvals – from the copropriété (owners’ group which runs the building,) and from the mairie’s town planning. Both are essential: do not start with one and not the other.

Balconies are regarded as private space in most modern flat rules but structural changes, like your loggia, need copropriété approval, via a majority vote of owners at a general meeting.

If other flats already have loggias then chances of ap­proval are probably high – but if you are the first, it may be an uphill battle, especially if some owners think a loggia will harm the block’s look and exclusiveness, or spoil their own views.

The mairie approval will follow dep­artmen­tal guidelines, as well as local by-laws on colours, materials, cleaning etc. 

In most areas, loggias of 5m² - 20m² need only a simple declaration of intent to do work, déclaration pré­alable de travaux, which will be either approved or not. If larger, you must apply for full planning permission, and a permis de construire.

Again, if you are the first you may have a problem, if you are following others and in a similar style, it is easier.

Once built, you must tell the tax office, as a loggia will likely increase the taxe foncière. It might also mean higher heating charges, if heating is communal.

Question answered by Sarah Bright-Thomas of Bright Avocats

Tel: 05 61 57 90 86 - www.brightavocats.com contact@brightavocats.com

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