Buying land to grow your own vegetable patch, create a lush garden, fish by your own pond, camp out, sleep in your own tree house for a few nights or simply enjoy the peace and quiet of nature is the dream of many owners or future owners.
In this article, we take you through the steps you need to take to turn your farmland into a place where you can relax. Find out about the formalities, the necessary permits and the tips you need to make the most of your farmland: installing a Light Leisure Habitat, building a house or a pond, etc. Whether you're planning a large-scale project or a small, light, demountable installation, we'll guide you every step of the way. In this article, you'll find all the information you need to make your dream of a recreational site a reality, while complying with planning regulations and preserving nature.
The main land classifications for town planning purposes
First of all, we need to define and understand what a leisure site is. In terms of town planning rules, there are 6 main land classifications, the zones :
Agricultural zones (A) include plots of land that are biologically, agronomically, economically and landscape rich, and where the land must be reserved for farming.
Agricultural land may also be classified as an N zone for sensitive natural areas.
Leisure areas (AUL) are intended for sports, cultural and leisure activities (sports grounds, campsites, residential leisure parks, etc.).
There are therefore no specific town planning regulations for privately-owned leisure land outside this AUL zone.
The official definition of this type of land can therefore be the one made by the Ministry of Housing and Territorial Equality as part of a ministerial response dated 15 May 2014: "The designation of "leisure land" is a matter of usage and not a legal category in the town planning code. It results, in fact, from the activity of camping, which leads to the installation of leisure accommodation on private plots located in non-constructible, natural or agricultural areas."
The good news is that it's the use you make of a piece of farmland or woodland that makes it a leisure site, not a legal classification.
However, the planning classification of your land will have real consequences for what you can do with it, particularly in terms of building.
Recreational land is generally non-buildable land located in agricultural (A) or natural (N) zones.
There are no special administrative formalities involved in converting agricultural land into a leisure site.
Although you are free to camp on the land, it will be more complicated to install a caravan or light construction. You are not free to do what you want on your land.
If you don't change the purpose of the land, you remain free to use it as you wish. You don't have to worry about turning it into a vegetable garden, a landscaped garden, a play area or your own private campsite.
On the other hand, construction in agricultural (A) and natural (N) zones is strictly regulated, so you won't be free to build a house or a tree house. We explained this in our articles on building on agricultural or forest land.
Under certain conditions, only a farmer can obtain permission to build a dwelling on agricultural land.
Zones A and N may include STECAL (Secteur de Taille Et de Capacité d'Accueil Limitée) zones in which light construction may be authorised, but very few communes have included these zones in their Local Town Planning Scheme.
In practice, before setting up a caravan, mobile home or light dwelling, or building a tree house, etc., contact the town hall to find out what you are allowed to do. Otherwise, you run the risk of having to dismantle your installations.
As the construction of a dwelling on agricultural land is strictly reserved for farmers, it is forbidden to install a non-mobile dwelling.
If the dwelling is mobile and falls into the category of Light Leisure Dwellings (HLL), then it is possible, with permission from the local council, to install it on a temporary or seasonal basis for a maximum of 3 months per year. It is therefore forbidden to set up as a main residence.
It should be noted that from a town planning point of view, there are different types of leisure accommodation and that the regulations governing mobile homes and caravans are different:
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Definition in the French Planning Code |
Example |
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Habitation légère de loisir – HLL |
Constructions démontables ou transportables, destinées à une occupation temporaire ou saisonnière à usage de loisirs. |
Chalet, bungalow, cabane, tiny house ou maisonnette, cabanes dans les arbres, yourtes et tipis (équipés de bloc cuisine ou sanitaire). |
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Résidence mobile de loisir – RML |
Véhicules terrestres habitables qui sont destinés à une occupation temporaire ou saisonnière à usage de loisirs, qui conservent des moyens de mobilité leur permettant d’être déplacés par traction mais que le code de la route interdit de faire circuler. |
Mobil home |
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Caravane |
Véhicules terrestres habitables qui sont destinés à une occupation temporaire ou saisonnière à usage de loisirs, qui conservent en permanence des moyens de mobilité leur permettant de se déplacer par eux-mêmes ou d’être déplacés par traction et que le Code de la route n’interdit pas de faire circuler. |
Caravanes, vans, autocaravanes (mieux connus comme camping-cars). |
As mobile homes and caravans do not fall into the HLL category, they cannot be installed, even temporarily, on agricultural land, unless an exemption is granted by the local council.
Lastly, although connection to the electricity, water and sewerage networks is not compulsory, applicants for the installation of a Light Leisure Accommodation must enclose with their application "a certificate attesting to compliance with health and safety regulations, in particular fire safety regulations, as well as the conditions under which the occupants' water, sewerage and electricity needs are met" (article R 441-6-1 of the town planning code).
To make your plot of land suitable for building and obtain planning permission for purposes other than agriculture or low-cost housing, you will need to obtain a zoning change (or declassification): i.e. have the Local Urban Planning Scheme (PLU) amended to declassify the agricultural (A) or natural (N) plot as suitable for building (classification U in the PLU). This downgrading can be carried out when the PLU is being drafted or revised.
We advise you to contact the town planning department at your local council to present the arguments for downgrading your land and to find out when a revision might be considered.
If your plot of land was previously classified as zone U and the Local Plan has been amended to change its classification to zone A or N, it is possible to challenge this classification before the courts.
Good to know: Under the Zero Net Artificialisation regulations, it will be difficult to obtain the downgrading of agricultural land to recreational use. Low-density" municipalities will be able to develop a maximum area of one hectare between 2021 and 2031.
Create a pond and spend your weekends fishing. It's the dream of many anglers, but it's a dream that's hard to achieve because the regulations governing the creation of a pond are very restrictive.
The creation of a pond has an impact on the aquatic environment, on the flow of water in the catchment area and can have implications in terms of public safety.
The creation and maintenance of ponds are subject to regulatory obligations (articles L.214-1 to L.214-6 of the Environment Code) and therefore require prior authorisation (declaration under 100m² or authorisation over 100m²).
Buying land with a water feature will be quicker and easier. But don't forget to check that it complies with the regulations. This is compulsory for any pond or water body created after 29 March 1993. A declaration procedure can be used to regularise water bodies created before this date.
The purchase of agricultural land or woodland is unrestricted. However, like any sale, it may be subject to a right of pre-emption, including that of the SAFER.
If you are in an area where land is in short supply, there is a fairly high risk that the SAFER will pre-empt the purchase of a plot of land to be used for leisure purposes, especially if the purchase price is much higher than the average market price.
It should be noted, however, that the SAFER only has this power of pre-emption over forestry plots in special cases:
Don't hesitate to contact SAFER beforehand to find out whether your project is feasible.
Unless you have agricultural status, you will not be able to create a main dwelling on your leisure site. The best you can do is set up a light leisure dwelling for a maximum of 3 months a year.
You can create a pond, but you will need to comply with strict formalities. In this case, it may be simpler to buy a plot of land where a pond already exists.
Apart from these 2 situations, it's actually very simple to convert agricultural land into recreational land: there are no administrative formalities to complete, as it's the use you make of it that makes it recreational land.
However, you run the risk of being pre-empted by the SAFER if you are in competition with farmers.
To ensure the security of your project, we advise you to contact the local council before committing yourself to a purchase.
