A young farmer from Saint-Paul was pursued by his municipality after installing a 95 m2 mobile home on his farm to establish his main residence there, without a building permit. If the man had not been convicted by the Tarbes court, he still had to respect the law.
Almost six years of procedure. A young farmer from Saint-Paul, prosecuted by his municipality for installing a mobile home on his land without building permit, was finally sentenced to evacuation from the premises by the Tarbes court.
“My client had no choice but to find accommodation after a separation,” said his lawyer. “He owns this plot, where his duck feeding operation remains. He searched for a rented apartment nearby, in vain. He needed a solution to be close to his business and his animals, which require supervision. constant.”
It is therefore without asking the municipality for authorization, and above all without a building permit, that the young farmer poured a concrete screed on his land for the installation of a mobile home, and its extensions, for a total area of 95 square meters. .
However, the legislation governing the parking conditions of his mobile home did not authorize him to do so under these conditions.
Main and mobile residence
According to article R.111-33 of the urban planning code, “land vehicles intended for temporary or seasonal employment for recreational purposes, but which retain their means of mobility, are considered as mobile residences for habitable leisure. moved by traction but whose traffic is prohibited by the Highway Code “.
But by the Alur law of 2015, mobile leisure residences (Rml) have been reclassified as light leisure habitats (Hll) and can be considered as the primary residence for all people residing there for more than eight months. ‘year. To do this, you need to observe some rules. The mobile home can only be installed as a main residence on building land. Therefore considered as a construction, it is subject to a simple declaration of works to be carried out at the town hall if its floor area does not exceed 20 square meters. Otherwise, the owner must ask his municipality for the building permit, issued or not according to the tolerance of the same municipality, under penalty of exposing himself to judicial proceedings or even expulsion from the prefecture.
If you are the owner of a mobile home for leisure, and you want to park it in your garden only for more than three consecutive months (maximum period without prior authorization), you must maintain mobility. That is to say, hold on to the wheels to break the field as soon as possible. If you wish to temporarily reside in a mobile home on the land where you are building your main residence, you must also apply for the agreement of the municipality.
The parking of mobile homes, on the other hand, is authorized without formalities in residential recreational parks, in classified campsites, in tourist villages classified as light accommodation and by decision of the prefect during a natural or technological disaster to relocate the victims.
Permit granted
In the case of the young farmer from Saint-Paul, it was after an inspection by the Revenue Agency that the municipality initiated proceedings against him, as reported by the mayor, Simone Chaneau-Duffaut. “The agents in charge of the cadastral service asked us to give an account of this specific case. This man built without asking for our authorization and established his main residence there. Since then the city council has granted him permission to build in deliberation “.
Strengthened by this victory, and after having moved his mobile home a few meters to respect the limits of his cadastral plot, the young farmer left the court relieved. However, he had to pay the costs of the proceedings.
