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Représentation schématique de possibilités d’extension ou de construction plus importante résultant d’une majoration de COS

La majoration de 30 % des droits à construire a été adoptée par l’Assemblée Nationale

Le 22 février, les députés ont adopté en première lecture le texte du projet de loi relatif à la majoration des droits à construire. Ce texte prévoit des dispositions visant à faciliter la construction de nouveaux logements et l’agrandissement de logements existants pour faire face à la pénurie d’offres. Les droits à construire, qui résultent de l’application des règles des plans d’occupation des sols et des plans locaux d’urbanisme, sont augmentés de 30 %, que ces règles portent sur le gabarit, la hauteur, l’emprise au sol ou le coefficient d’occupation des sols. Cette mesure est limitée dans le temps à trois ans. La majoration s’applique dans les communes dotées d’un plan local d’urbanisme, d’un plan d’occupation des sols ou d’un plan d’aménagement de zone en vigueur à la date de promulgation de la loi. Le texte prévoit la possibilité pour une commune ou un établissement public de coopération intercommunale (EPCI) de s’opposer, par une délibération expresse, à l’entrée en vigueur automatique de la mesure sur tout ou partie de son territoire, préservant ainsi le principe de libre administration des collectivités locales.
Illustration des effets de la mesure
1. Le bonus de COS (coefficient d’occupation des sols) :
Exemple d’application : Sur un terrain de 1 000 m², dont le règlement prévoit un COS maximal de 0,4 on peut construire jusqu’à 1 000 m² x 0,4 = 400 m² SHON (surface hors oeuvre nette). Avec une majoration de 20 %, on pouvait construire 1 000 m² x 0,48 = 480 m². Avec une majoration de 30 %, la constructibilité passe à 520 m² :
2. L’augmentation de l’emprise au sol :
Exemple d’application : Sur un terrain de 200 m2, sur lequel le règlement prévoit une emprise au sol maximum autorisée de 40 %, on peut construire un logement dont l’emprise sera au maximum de 200 x 40 % = 80 m² ; avec une majoration de 20 %, l’emprise au sol pourra être de 96 m2, et avec 30 % de 104 m².
3. La majoration des hauteurs maximales des constructions :
Exemple d’application : Dans un centre dense, un règlement de PLU fixe la hauteur maximale autorisée à 15 mètres comprenant 9 m de hauteur de façade et 6 m de couronnement. Une augmentation de 30 % porte la hauteur maximale à 19 m, permettant la réalisation d’un niveau de plus, du fait de la hauteur de façade passant de 9 m à 11,7 m.
4. L’augmentation de la constructibilité appliquée au gabarit :
Exemple d’application : le gabarit, en architecture, désigne la taille et la forme générale que peut prendre un bâtiment en fonction des règlements d’urbanisme. Le gabarit peut être défini formellement par un graphique qui indique les lignes droites ou courbes dans lesquelles doivent s’inscrire les constructions.
Un gabarit se décompose souvent en deux parties :
– une hauteur sur rue, qui correspond à la hauteur maximale de la façade verticale au bord de la voie de circulation.
– un couronnement, qui définit la taille et la forme dans laquelle doivent s’inscrire les combles. Le couronnement devra par exemple s’inscrire dans un angle à 45° ou dans un arc de cercle dont la base est parallèle à la façade.
La hauteur vers le milieu de la parcelle peut être limitée ou pas.
On peut aussi définir le gabarit à appliquer sur deux bâtiments construits de part et d’autre d’une cour intérieure.

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