Get a deeper insight into rules set by the Council of State in France for the installation of 4G and 5G mobile antennas. Understanding the complexities of these requirements could help shed light on local communities’ objections.
Installation of Mobile Relay Antennas and the Need for Building Permits
The introduction of new mobile phone relay antennas has raised questions about whether a building permit is necessary. The Council of State establishes that all new constructions should be preceded by a building permit, barring certain exceptions and constructions that are subject to a previous statement.
Specifically, a relay antenna that goes beyond a height of 12 meters and necessitates the building of technical premises larger than 5 m² needs to be accompanied by a building permit. If the construction does not meet these two conditions, a simple prior declaration is enough.
Change of Regulations Since 2018
The issuance of a decree in 2018 has added complexities to the situation by extending the prior declaration system to mobile antenna installation projects. The legal framework for technical premises less than 5 m² is determined by the height of the antenna. If the antenna is 12 meters or less in height, there are no formalities required for its installation.
However, if the height of the antenna surpasses this threshold, a prior declaration becomes obligatory. What’s noteworthy is that the calculation of floor area or ground footprint should be based on the technical premises, not the pylons.
Threshold for Requiring a Building Permit
When the floor area and ground footprint go beyond 20 m², obtaining a building permit becomes a requirement for the installation of the mobile antenna.
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