These temporary rules will allow individuals and businesses to carry out reconstruction work in complete legal certainty before the adoption of a real planning by-law in Saint-Martin. As a reminder, Saint-Martin is an autonomous overseas community, notably with urban planning competence. The State retains jurisdiction over the environment and risks.
Planning permission for housing
• In the event of simple repairs (roofs, openings, etc.)
In risk-free areas:
Repairs are authorized without prior declaration
In risk areas:
Repairs are authorized if they consist solely in securing the inhabitants (out of water / out of air), subject to the filing of a prior declaration "IRMA" (DPI)
• In the event of identical reconstruction (or modified to take cyclonic effects into account)
In risk-free areas:
If the construction has been the subject of a building permit: reconstruction may be authorized provided that the project respects the initial building permit. An “IRMA” prior declaration (DPI) must be filed
If the construction has not been the subject of a building permit: regularization is compulsory by filing a building permit, and provided that the building does not occupy the public domain or a site identified for future development.
In risk areas:
Stay of decision opposed to any reconstruction project. This procedure, applicable for a maximum of 2 years, gives the time necessary for the Community to launch its development operations in the districts concerned and to implement the appropriate solutions.
It is therefore authorized in these areas to carry out only urgent repairs, in particular those concerning the removal of water and air from buildings.
The Collectivity will make available to the petitioners a consulting architect in order to support them in a quality approach.
Planning permits for tourist establishments (restaurants and accommodation) and economic activities
• In the event of reconstruction and repair:
In risk-free areas:
Reconstruction or repair work is authorized subject to the filing of a planning permission, building permit or prior declaration depending on the nature of the work. All projects will be subject to control by the security and accessibility committee.
In risk areas:
The building permit will have to propose solutions making it possible to mitigate the vulnerability of the building to cyclonic risks, by favoring for example constructions in higher altimetry and further away from the beach, by providing foundations anchored in the rocky slab, shelters, living spaces from the first floor.
The reconstruction may be accepted after a check by the security and accessibility commission, and subject to compliance with the town planning rules.
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