As a reminder before the ALUR law, it was the PLU (article L. 123-1-5 2° of the Urban Planning Code) which could define “according to local situations, the rules concerning the destination and the nature of authorized buildings” being specified that the rules enacted could “be different, in the same area, depending on whether the buildings [were] intended for housing, hotel accommodation, offices, commerce, crafts, industry, agricultural or forestry exploitation or warehouse function” (art. R.123-9 of the Code of urbanism).
Decree No. 2015-1783 of December 28, 2015 adopted in application of the ALUR Law (law No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning) created five destinations, which are themselves divided into 20 sub-destinations:
5 destinations (art. R. 151-27 of the Urban Planning Code):
The construction destinations are:
- Agricultural and forestry operations ;
- Habitation ;
- Trade and service activities;
- Facilities of collective interest and public services;
- Other activities in the secondary or tertiary sectors.
20 sub-destinations (art. R. 151-28 of the Urban Planning Code):
The construction destinations provided for in article R.151-27 include the following sub-destinations:
- For the destination “agricultural and forest exploitation”: agricultural exploitation, forest exploitation;
- For the destination “home”: accommodation, accommodation;
- For the destination “trade and service activities”: crafts and retail trade, catering, wholesale trade, service activities where customers are welcomed, hotel and tourist accommodation, cinema;
- For the destination “facilities of collective interest and public services”: premises and offices welcoming the public of public administrations and similar, technical and industrial premises of public administrations and similar, educational, health and social action establishments, institutions of education, health and social action, art and social action halls, art and entertainment halls, halls of art and entertainment, sports equipment, other equipment receiving the public;
- For the destination “other activities in the secondary or tertiary sectors”: industry, warehouse, office, convention and exhibition center.
The Guide integrates recent developments in destinations that have taken place since:
- The division into two different sub-destinations “hotels” and “other tourist accommodations” of the sub-destination “hotel and tourist accommodation”; (decree No. 2020-78 of January 31, 2020)
- The creation in the “Equipment of collective interest and public services” destination of a specific sub-destination “places of worship”; (decree No. 2023-195 of 22 March 2023)
- The addition of the “primary sector” within the destination “Other activities in the secondary and tertiary sectors” and the creation of a sub-destination “cuisine dedicated to online sales” commonly called Dark Kitchen (decree No. 2023-195 of 22 March 2023)
These destinations and sub-destinations were the subject of an amended decree of 10 November 2016 taking into account recent regulatory changes which specify the entire system. The number of destinations and sub-destinations is limitative and the decree issued on November 10, 2016, amended as the regulatory provisions of the Code are binding on the authors of local urban planning plans.
It is therefore this whole system that must be taken into account by operators for changes of destination on an existing building and determine the type of authorization to be obtained, prior declaration or building permit according to the nature of the work envisaged. (art. R. 421-17 of the Urban Planning Code).
Finally, the Guide recalls that the ancillary premises of a building are deemed to have the same destination as the main premises and that the control of changes of destination does not relate to changes between sub-destinations of the same destination provided for in article R. 151-28 of the Urban Planning Code.
To access the Guide, click here: Get the guide
.svg){kind=small}