Outdoor kitchen: do you need planning permission or prior works notification?

Depending on the area and type of installation, an outdoor kitchen may require a prior works declaration, planning permission, or no formalities at all. This guide sets out the thresholds to know, the steps to follow in each case, and the risks if you fail to declare it.

Mobile outdoor kitchen: no authorisation required

Under the French Town Planning Code, an installation is considered mobile as soon as it has no fixings to the ground, no slab, and creates no floor area. This type of outdoor kitchen is entirely exempt from town planning procedures.

In practical terms, even a griddle, table and chairs set-up requires no formalities, as long as nothing is fixed to the ground. It is the simplest way to get started without delay or paperwork.

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Kitchen with a permanent structure: it all depends on the footprint

As soon as a structure becomes permanent, two concepts determine the process to follow: footprint and floor area: 

• The footprint corresponds to the projection of a building’s volume onto the land, including external walls and overhangs: for example, an open pergola, a balcony, or a terrace that is covered or supported by posts counts towards the footprint.

• Floor area refers to enclosed, covered spaces with a ceiling height of more than 1.80 metres.

In practice, the higher of the two figures determines the threshold that applies to your project (5, 20 or 40 m², depending on the cases covered further on). An open pergola with no floor area at all may therefore require planning permission if its footprint exceeds 20 m², even if it does not enclose any space.

Less than 5 m² of footprint or floor area: generally exempt from authorisation

Below this threshold, no authorisation is generally required, provided the construction does not alter the house façade.

Between 5 and 20 m² of footprint or floor area: prior works declaration

Between these two footprint thresholds, a prior declaration is required, whether the structure is open (pergola) or enclosed. This threshold applies to any structure with a slab, utility connections, or fixed elements. It is a straightforward file to submit to the town hall, with no obligation to use an architect.

Above 20 m² of footprint or floor area (40 m² in an urban area with a PLU): planning permission

Above 20 m², planning permission becomes necessary, in accordance with Article R.421-14 of the French Planning Code. This threshold rises to 40 m² in urban areas covered by a local urban development plan (PLU). The application file is more comprehensive, and the processing time longer than for a simple prior declaration.

The PLU (local urban development plan) is the document that sets the building rules specific to your council area: heights, distances, permitted materials, and sometimes thresholds that differ from the national ones. You can consult it free of charge on the Géoportail de l'urbanisme, or directly via the planning department at your town hall.

The specific case of a modified roof or façade

Even below the floor-area thresholds mentioned above, any structure that changes the external appearance of the house automatically requires a prior declaration, whatever its size. This is the case for a fixed roof attached to the house, or a motorised bioclimatic pergola integrated into the façade.

Combining floor areas 

If your plot already has an extension or an outbuilding (garden shed, conservatory, garage), its footprint is added to that of your new outdoor kitchen to determine the applicable threshold. A 15 m² footprint kitchen, in principle covered by a simple prior declaration, can therefore tip into a planning permission requirement if a 10 m² shed footprint already exists on the plot. This combined total is often overlooked and should be checked before assuming a project stays under the usual thresholds.

Summary table of thresholds and procedures

This table summarises all scenarios, with the required authorisation and the corresponding review timeframe.

How to submit your declaration or permit

Once you have identified your scenario, here is all the information you need to start your procedures.

Who can submit the application file, and where

The application file can be submitted by the landowner, or by an authorised representative acting on their behalf, such as an architect or a company. Submission is made to the town hall, in person or by post, but more and more municipalities also offer online submission via their Digital Planning Permissions Portal (GNAU), specific to each municipality.

The application file to compile

• The Cerfa form corresponding to your situation

• A location plan of the land

• A site plan of the project

• Photos of the land

• A project description note

Review timeframes

Allow around 1 month for a prior declaration, and around 2 months for a building permit. If the town hall does not respond within this period, the authorisation is deemed to be granted.

What happens after submission?

Once the application has been submitted, the town hall issues a receipt with a registration number, then reviews the request.
At the end of the time limit, three outcomes are possible: an explicit favourable response, implicit approval if the town hall does not respond within the allotted time, or a reasoned refusal. The town hall may also request additional documents during the review, which pauses the time limit until they are received.

Mandatory on-site display

Once permission has been granted, it must be displayed clearly from the public highway for the entire duration of the works. The start of works must also be declared to the local council.

What are the risks if you do not make a declaration?

Building a fixed structure without a declaration or permission exposes you to several concrete risks.

• A formal notice to regularise the situation

• A fine:
  The fine ranges from €1,200 up to a maximum that can reach €6,000 per m² of floor area built without authorisation, under Article L.480-4 of the Town Planning Code. In practice, courts rarely apply this maximum, but the amount can still be significant even for a small structure.

• An obligation to demolish in the event of an inspection

• Complications when selling the property in future, as planning compliance is systematically checked by the notary

• A refusal of insurance compensation in the event of a claim:
  An undeclared permanent structure can also count against you with your home insurance. Any permanent construction should be declared to your insurer; otherwise, cover in the event of a claim in that area (fire, water damage, storm damage) may be reduced or even refused. This applies to any fixed structure, not only an enclosed kitchen in a conservatory.

Given these risks, a mobile kitchen remains the safest solution to avoid any formalities while enjoying your equipment straight away.

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What should you do if your application is refused?

A refusal is not necessarily final. There are several options for what comes next: 

• An informal appeal:
  You must ask the local council to review its decision, providing clarifications or adjustments to the project.

• The amended file:
  This means revisiting certain aspects of the project—area, siting or materials—to address the reasons for refusal, then submitting a new application.

• An appeal to the administrative court:
  If the refusal seems unjustified, you can file a legal challenge within two months of being notified.

In most cases, speaking to the planning department in advance—before you even submit your application—helps identify any sticking points and avoid a refusal.