Can France’s heritage rules stop you replacing your windows?

A man who was refused permission to replace his old windows near a listed church with aluminium frames designed to resemble wood has won an appeal against the decision.

However, another feature opposed by the Architectes des Bâtiments de France (ABF) – the use of a single pane of glass instead of the three panes found in most windows in the area – was ruled to be out of keeping with the local character.

Judges at the Orléans administrative court ruled that the mayor of Chécy, in Loiret, should reconsider the déclaration préalable de travaux (a simplified planning authorisation) in light of their findings, provided the homeowner agreed to install the traditional three-pane layout.

What does the ABF do?

The case highlights the role of the ABF, qualified architects appointed as civil servants by the minister of culture to oversee the protection of the historic built environment and the preservation of the character and appearance of surrounding areas.

There are 189 ABF architects across France, supported by 750 staff who carry out many of the associated administrative tasks.

Most of their work concerns monuments historiques (listed historic monuments), which are generally surrounded by a protected area extending 500 metres.

Any déclaration préalable de travaux or permis de construire (building permit) applications falling within these protected areas are generally referred to the ABF before the commune's mayor can issue a decision.

Around 30% of homes in France fall within such zones.

If a mayor disregards a binding ABF opinion, the decision may be challenged before an administrative court and, in some circumstances, the mayor may incur personal liability.

The ABF must also be consulted on work within sites patrimoniaux remarquables (designated heritage areas), where protection applies not to a single building but to a wider urban setting, such as a historic village centre or a notable view.

Criticism of the system

The system has attracted criticism from some property owners and elected representatives, who argue that ABF advice can be based on outdated standards and imposed by officials in prefectures far removed from the communities affected, leaving mayors in a difficult position.

Rural mayors also complain that, while they must deal with residents whose applications have been refused, the architects themselves are typically based in larger towns and cities.

Last year, senators passed a bill intended to ease tensions, but it did not progress in the Assemblée nationale, the lower house of the French Parliament.

The proposed legislation would have required mayors to consult both the ABF and their municipal councils on the relevance of the 500-metre protection zone, which in some cases includes properties on the far side of hills and out of sight of the historic monument concerned.

The Senate also proposed that, where elected members of a municipal council believed the ABF had reached an inappropriate decision, the matter should be referred to a commission chaired by the departmental prefect, and comprising elected councillors and ABF representatives.

In addition, senators proposed that ABF decisions, which are currently sent privately to mayors, should be published online, with the reasons for each decision explained in clear, accessible language.

Aluminium and PVC windows

In the Chécy case, the homeowner successfully argued that the wood-effect aluminium-framed windows would not alter the character of the area surrounding the town’s listed church.

His case was strengthened by the fact that neighbours opposite had previously been granted permission to install PVC windows.

Manufacturers of factory-made windows have made significant efforts over the past decade to produce aluminium and PVC frames in colours and, in some cases, textured finishes designed to imitate wood.

They are generally considerably cheaper than timber, particularly oak, as supplies of French oak have become tighter.

Briton frustrated by ABF decision

A couple working to renovate a 1930s villa in Brittany clashed with Architectes des Bâtiments de France (ABF) after it ruled they cannot replace old, single-pane painted wooden windows with PVC double-glazed windows – even though every other house in the street has PVC windows.

John Holloway, who is British, and his French wife Françoise, bought the house a year ago and have received grants to help renovate it and improve its energy efficiency.

However, the déclaration préalable de travaux was rejected by the mayor after ABF said the PVC was out of character.

The house, in the town of Plouhinec, Finistère, is just inside the 500-metre radius of the town’s listed church, but cannot be seen from the church.

“It’s a ridiculous situation because not only have all the neighbouring houses got PVC windows, but to get to the church you have to walk past a modern housing development with houses of all shapes and sizes – most with big PVC patio doors visible from the street,” Mr Holloway told The Connexion.

“My wife spoke to someone at ABF but they were completely inflexible, saying they wanted to ‘retain the beauty of the house’, which is obviously what we want too.

“We would be replacing white painted, wooden single-pane windows with white PVC windows in a similar style to every other house on the street, and would be keeping the character of the building.”

He said the couple chose PVC because it should last at least 30 years and does not require the maintenance and repainting associated with timber frames.

“I am 70 and can still get up a ladder, but there are no guarantees I will still be able to do so in 15 years,” said Mr Holloway.

The mayor of the commune, who is responsible for signing off the planning application, refused to see the couple to discuss the issue.

After considering alternatives, the couple decided to go ahead with windows which met the ABF requirements rather than delay installing new windows while they took the matter further.