Can mairie reject solar panel request for French second home?

Reader Question: If I want to install solar panels on my second home in south-west France, do I need to ask for permission? Is there any real chance of my plans being rejected?

There are increasingly fewer reasons why mairies can refuse planning permission for solar panel installation, however some valid causes remain. 

As a reminder, most solar panel installations on roofs require advance notice to the mairie via a ‘déclaration préalable de travaux’ (DP), which gives the mairie a month to reject the planned works (otherwise tacit approval is given and the project can begin). The period is extended to two months, if your property is in a protected area.

Small ground-level installations do not usually require permission of any type. 

Whether a home is a main residence or second home is not factored into the request.

Aesthetic reasons sometimes cited

A previously common reason for rejecting planning permissions for roof solar panels stemmed from aesthetic considerations.

Several rules and bylaws in local urban plans (plans locaux d’urbanisme or PLUs) require exterior changes to properties to align with traditional features of the area (such as shutters, roof materials, etc).

However, article L. 111‑16 of the French planning code (code de l’urbanisme) states that these cannot be used as a reason to reject planning permission related to the installation of renewable energy projects.

Indeed, article L. 111‑17 of the code states that this rule can only be set aside because the project is located, for example: 

• Close to, or at, a listed historic monument 

• Within a designated ‘remarkable heritage’ area

• In a national park

• Or otherwise inside certain designated protected heritage areas designated by the mairie or intercommunal body in consultation with the service of the architecte des Bâtiments de France

If it is located in such an area, the project may be refused on these grounds. If it is accepted, this will often be after the mairie has consulted the services of the architectes des Bâtiment de France (experts in heritage planning rules).

In other areas, the mairie may not refuse the installations, but is entitled to lay down rules aiming to improve their integration into the surroundings. 

Some companies now offer coloured solar panels that may be persuasive with regard to the aesthetics of a project.

If in doubt over your property’s location to a protected area and possible ways to circumvent the issue, checking with your mairie is a good idea to see what would be accepted. 

Check local plans in advance

The PLU (local plan) provides information on local solar panel regulations, such as the maximum number of panels per building (or in a certain surface area) as well as any limits on the type or exact placement of panels. 

You may wish to check this before submitting your DP, to ensure your plans adhere to these.

If your request is rejected, you can apply again within two months, giving additional reasoning for why you believe the project should be approved. 

Contacting the local architectes des bâtiments de France (ABF) is also a good idea, as they may be able to explain further why you may have fallen foul of planning rules. 

If your second request is rejected, you can forward the issue to your departmental prefect within eight days of the response (send this via a registered letter) if you wish to raise a complaint.

However, prefects will most likely side with the mairie and ABF in any dispute, as their position will be based on protective laws.