Five precautions to take before contesting a building permit.

By fashionlifeshopping 13/09/2022 1167 Views

1.Be vigilant on the display of the building permit

The display on a panel placed in front of the public road is generally the only way for local residents to know that a building permit, a declaration of work or a demolition permit have just been granted.

The mentions there are as follows: the number under which the permit is recorded in the town hall, its date of issuance, the identity of the beneficiary (s), the nature of the operation, the total area of the land, the address ofThe town hall where the file can be consulted, the mention of the tracks and time limits.

Depending on the nature of the project, the authorized floor surface, the height of the constructions or the surface of the demolition to demolish, must also be mentioned.

Note that in major cities, it is important that the exact address of the town hall building in which the file is specified.

To be valid, the display panel must be visible from the public highway and its sufficiently readable mentions.The panel itself, rectangular in shape, must measure more than 80 cm in its sides.

If he respects his conditions, this display will have the effect of having the appeal period leaving, from the installation of the panel (see point 5 below).On the other hand, an incomplete display has no impact on the legality of the building permit.It is the responsibility of the beneficiary of the permit to demonstrate her good display by means of bailiff's findings.

2.Recover the entire building permit file

The display panel has only brief information on the building permit that has been issued.It is therefore necessary to obtain the decree and the building permit file at the town hall.

Certain town halls have a reprography service allowing to obtain a full copy of the file within a certain period for the cost of reproduction.Others simply offer to be able to consult the file.In any case, it must be possible to take photographs of the elements of the file.

The part of the parts at the top of the file allows you to know the initial and complementary parts which are part, to which are added the opinions cited in the visa of the decree.

It is essential to know the areas (s) of the local urban plan in the or which is the project.

Cinq précautions à prendre avant de contester un permis de construire.

To do this, you must first visually identify the plot to the cadastre by entering the address of the land (accessible on the cadastre website.gouv.fr) then locate by means of the zoning plan, the area in question.This zoning plan is often available online or available in town hall.

Any individual can consult a building permit file, without having to justify his identity or his motivations that look at him [1].

In the event of persistent obstruction of the town planning service to let the file consult, it is appropriate to have it noted by a bailiff, so that the administrative judge once seized all the consequences.It is also possible to enter the Access Commission for Administrative Documents.

3.Carry out an audit of legality of the building permit

It is essential to proceed upstream to an audit of legality of the authorization before contesting it, taking into account the risks weighing on the applicant in the event of illegitimate appeal causing excessive damage to the beneficiary who could lead to a conviction to compensate him for procedureabusive.

To do this, once the area is determined, it will be necessary to refer to the part of the regulation of the local urban planning plan devoted to this area to find out the rules applicable to the project.

To these rules, are added those provided by the national town planning regulations, applicable even in the presence of a local urban plan, codified in articles R.111-2, -4 and -20 to 27 of the town planning code.

To these rules can be added local urban planning easements which are in the annexes of the local urban plan, in particular with regard to the spaces, trees and protected buildings, protection against noise near major traffic axesor the density zones.Examination of compliance with these rules by the project is what is called internal legality.

It will also be necessary to examine whether the file included the sufficient elements to allow the instructor service to pronouncing themselves with knowledge of the facts and whether all the mandatory prior opinions have been asked.This is the external legality of the permit.

Note that only gaps likely to have had an impact on the meaning of the decision will be taken into account by the judge [2].

4.Be able to justify your interest in acting

The admissibility of an appeal against a building permit is subject to proof of an interest in acting which falls to the applicant.This must therefore demonstrate in a sufficiently precise and supported manner how the project is subject to, if it is carried out, to undermine, directly, to the conditions of enjoyment of the property it occupies or holds regularly.

There is obviously a link with the proximity of the project, so that the immediate neighbor of the project is in a way presumed to have an interest in acting [3].

It is not enough to allege that construction by its nature, its characteristics and its magnitude will necessarily bring its share of inconveniences.

It is important to demonstrate, by means of precise parts and arguments (photographs, reports, certificates) only by its expected effects (loss of sunshine, noise pollution, congestion of traffic and parking, etc..), the project will undermine the applicant's living environment.

When it is envisaged to present an appeal via an association of residents, it will be necessary to ensure that the filing of the statutes of this association is prior to the display in town hall of the permit application and that the object and the field of'Action of this association correspond well to the disputed project.If the articles of association do not provide as an office that the president of the association is empowered to represent it in court, the latter must then be authorized by a deliberation of the General Assembly.

5.Master the appeal times

The period of appeal against an urban planning authorization whatever two months from the continuous display in the land of the authorization for two months under the conditions recalled in point 1 above.

Often, it happens that, when the above elements have been gathered, there are only just a few days left to contest the permit.It is then useful to extend the time of appeal by sending a graceful appeal to the town hall within the time of appeal.

To be valid, the graceful appeal must expressly request the withdrawal of the contested authorization by presenting means of law relating to external legality and internal legality.Indeed, if only means relating to the establishment of buildings are invoked in this appeal (internal legality), it will no longer be possible to invoke the gaps of the file (external legality).

The appeal must be sent to the mayor (or in some cases to the prefect) even if it is not himself the signatory of the decree taken by delegation.

To maintain proof of the date of deposit, it is necessary to send it by registered mail with acknowledgment of receipt or hand delivery against receipt while retaining a double buffer.

From the reception of a rejection decision or in case of silence kept for more than two months by the town hall on the graceful appeal, which is worth implicit rejection, opens a new period of two months to introduce a requestBefore the competent administrative court.Thus, the filing of a graceful appeal makes it possible to manage a period of up to 4 months to prepare your appeal and in particular to have an audit made.

Building inadmissibility of the litigation appeal, within fifteen days of its transmission, a copy of the graceful appeal must be notified to the beneficiary (s) of the permit (s) of the permit (s) of the permit (s).

In order not to make mistakes in these different phases and according to the complexity of the file, it may be necessary to consult a lawyer specializing in urban planning law.

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