upwardly mobile
One day we might be able to visit other planets and, who knows,
maybe even live there. The way technology progresses, I wouldn't be
surprised if we could physically transport our homes somewhere else
with a time machine. For the moment though, unless you are a
camping enthusiast, you will live between four concrete walls built
on a piece of land. Once it is there it cannot be moved.
There is an exception and that is the mobile home. It was
difficult to give a proper definition for a mobile home until the
decree of 5 January 2007, which brought them into line with the
legislation of 8 December 2005 relating to planning permission and
town planning authorisation.
Parliament was frequently questioned and no legal definition as
to what constituted a mobile home could be given. It was time for
the government and legislator to insert the 'mobile home' into the
town planning act {code de l'Urbanisme). It is now identified as a
construction that can be dismantled or moved and used as a
temporary home or used during seasonal periods.
rules and regulations
Mobile homes can only be used on specific areas such as camping
sites, residential leisure parks or holiday villages. Any mobile
home that you wish to put on your private land will need to follow
the planning regulations and authorisation from the mairie or town
hall. The surface area on the ground should not exceed 30% of the
total surface of the land allocated in a camping site and 20% in a
residential leisure park. Furthermore, the habitable surface area
of the mobile home should not exceed 40m2.
The definition is quite restrictive, particularly for those who
have already owned a mobile home for several years and have
slightly altered it by adding a terrace or an additional room to
increase its size. For instance, a mobile home should keep its
wheels and should be able to move if you are requested to do so. By
adding a concrete terrace or a small room, you may have transformed
your mobile habitation into a permanent home that will be governed
by normal French housing laws. Three consequences should then be
considered:
Firstly, mobile homes do not require planning consent and can be
put on a piece of land without any authorisation from the local
authority. By adding a room or making it a permanent home, you will
need to apply for planning permission and comply with town planning
regulations.
Secondly, taxe d'habitation does not apply on a mobile home
because it is seen as a seasonal home and would only bear the taxe
de se'jour. By changing the nature of the dwelling you will then be
liable for taxe d'habitation.
Thirdly, what of inheritance law applicable to the dwelling? A
mobile home is moveable and should follow the law of the last
residency of the deceased but, if by making alterations to it, it
becomes immoveable, you may end up in a situation where the mobile
home will be governed under Napoleonic Law. It could have a major
impact if you believed that this asset could be inherited by a
legatee named in your English will because it would now fall under
the rules of compulsory French heirship.
If you wish to buy a mobile home, you should be as careful as if
you were buying a normal property and make sure that the dwelling
complies with the legislation or you could end up with a proper
house subject to taxes and French inheritance law.
By adding a concrete terrace or a small room, you may have
transformed your mobile habitation into a permanent home covered by
normal housing laws.
