Hébergement à la ferme :Regulations and Urban Planning
In terms of regulations, the most important point regarding the implementation of farm accommodation remains urban planning.
On one hand, your contacts will often have only a partial knowledge of what is possible or not in the specific case of your project (in other words, the deputy mayor elected for urban planning is not used to putting ecolodges in farms).
On the other hand, there may be different provisions from one territory to another (either at the municipal level, or at the level of the community of municipalities, the region, etc.).
In any case, you should not start the procedures to obtain these various authorizations without being very well prepared. By default, the answer would be negative. It will be up to you to know the specific provisions, to respond to all objections and to have a solid file to gain the assent of your contacts (administration, elected officials, etc.).
Agritourism
If the activity is based on the farm, it is legally attached to it.
To declare the income derived from accommodation activity within the framework of the agricultural activity, it must be ensured that the turnover related to accommodation is less than €100,000 including tax per year and that it represents less than 50% of agricultural income[1]. Thus, commercial income can be attached to agricultural income. Beyond that, a legal structure for a distinct activity must be created.
The simplest remains the request for farm camping when the PLU allows it. In this case (camping, camper vans and most unusual accommodations), the farm is limited to 6 pitches max within the framework of diversification.
Urban planning rules
They aim to preserve agricultural land and combat the fragmentation of rural areas. They concern agritourism activities whose development requires new constructions, major works and the development of existing buildings[2].
It is necessary to ensure that your project is feasible with regard to the urban planning document of the concerned municipality (RNU, the PLU - Local Urban Plan and the Communal Map). For this, it is essential to contact the town hall or the Urban Planning service of your community of municipalities / urban community before starting the project.
These urban planning documents allow you to know if the planned works require the prior obtaining of one of the following administrative authorizations:
- A building permit, in the case of new construction or change of use, extension or external renovation of an existing building (farm inn systematically, furnished rental/bed and breakfast in some cases)
- A development permit, in the case of a campsite (excluding farm camping - 6 pitches and 20 people max)
- A work declaration, which is the simplified version of the building permit (works of limited size)
You must request a Certificate of Urbanism[3] from the town hall, which is a compilation of elements to know about the considered land. It is not an authorization but just a preliminary work by the town hall that allows you to have a first idea of what is possible or not.
In agricultural zones (as defined by urban planning documents), authorized constructions must be directly linked and necessary to the agricultural activity. The regulation can be more or less strict, either by authorizing only constructions related to agricultural activity (housing directly useful to agricultural activity and constructions necessary for agricultural activity and livestock), or by allowing the establishment of constructions related to para-agricultural activities (including agritourism activities).
The 3 main criteria used to assess the validity of requests are:
- The characteristics of the farm (area, equipment, turnover, etc.)
- The link between the tourist activity and the agricultural activity
- The geographical proximity to the farm
Plan to get support (make sure the person supporting you specifically knows the subject of the accommodations you want to set up, and does not limit themselves to generalities), and train yourself. If you go through structures such as Cocolodge, Un lit au Pré or Parcel, their experience and interest in the success of the process is a real asset…
In addition to contacting the town hall, it is advisable to contact the Chamber of Agriculture of your department which has advisors specialized in urban planning and agritourism and knows the local specifics.
See also advisory structures: Chambers of Agriculture which offer training, Unusual Hosts, Accueil Paysan Cabinet Alliances!
Safety
At the farm level, you will not have to secure the different parts more than you are already supposed to do (DUER - single risk assessment document[4]). It is important to welcome your visitors with a briefing to explain where they can go and where they should not venture unaccompanied.
If your accommodation can receive more than 15 people, it becomes a Public Access Building (ERP) and requires approval from the Departmental Fire and Rescue Service (SDIS) → fire regulations and disabled access. As with urban planning, get support to comply with standards without spending fortunes to bring it into compliance beyond what is necessary.
Our series of guides on tourist accommodation
- Les différentes formes d’hébergement touristique à la ferme
- La rentabilité d'un hébergement touristique à la ferme
- Hébergement à la ferme : la réglementation et l’urbanisme
- Les contraintes opérationnelles et la gestion du temps de l'hébergement à la ferme
- Hébergement à la ferme : les channel managers, les prestataires de service
- Hébergement à la ferme : le marketing, faire connaître son hébergement, le valoriser, le rendre exclusif
- Hébergement à la ferme : Les services associés
Resources
- PRAT Platform: Regional Agritourism Platform in Occitanie: https://www.laregion.fr/-PRAT-Plateforme-Regionale-AgriTourisme-
References
- ↑ Tax Code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037988716/2019-01-01
- ↑ Civam - Developing an agritourism project in the Drome https://www.civam.org/wp-content/uploads/2021/12/GuideDevelopperActAgritourismecompres.pdf
- ↑ Certificate of Urbanism: https://www.service-public.fr/particuliers/vosdroits/F1633
- ↑ DUER Polyculture livestock - MSA https://dlg.msa.fr/lfp/documents/98755/89665450/guide+document+unique+polyculture+elevage.pdf/61342b88-6357-6b01-7a27-843ad0a6de25