A retenir
- Construire sans permis expose à une amende de 6 000 euros par m² et à une ordonnance de démolition.
- Tout recours contentieux doit être notifié au titulaire du permis sous 15 jours francs, sous peine d'irrecevabilité.
- Un permis attaqué ne compromet pas nécessairement votre projet : un permis modificatif permet souvent de régulariser.
- Les permis délivrés entre 2022 et 2024 bénéficient d'une durée de validité exceptionnelle de 5 ans.
- Maître Olivia Zahedi, avocate au barreau de Paris, accompagne particuliers et professionnels dans tous les contentieux d'urbanisme.
Planning disputes are numerous and complex. Challenging a refusal to grant planning permission, contesting the granting of planning permission to a third party, acting against the adoption of a new local planning scheme (PLU), and so on.
By definition, planning law is a highly technical and vast field. It involves both private and public law. Property lawyers in Paris and the French provinces are experts in legislative developments and the various technical aspects involved. A firm of lawyers specialising in town planning law can provide advice or handle litigation to defend your property interests.
What is planning permission?
Town and country planning meets public policy objectives. Owning land or modifying a building requires compliance with a number of planning regulations.
Depending on the geographical location and the building project, various administrative formalities may be required:
- planning permission is required for any new building or extension of more than 20 m2. Planning permission is required for work that alters the load-bearing structure of a building or its facade, for a change of use, or if the building is listed as a historic monument or is located in a protected area.
- a preliminary works declaration for works affecting a small surface area, not affecting the load-bearing structure of the building or works limited to replacements. If you do not receive a response within one month, you can challenge the refusal to grant prior authorisation for the work by bringing the matter before the administrative court within 2 months.
This should not be confused with a planning certificate (CU). This document sets out the rules applicable to a given plot of land. It is an informative document that reproduces the information available in the local town-planning plan, if one exists, or the town-planning rules for a parcel of land in the land register. The operational planning certificate indicates whether the land is suitable for a building project. It is never an authorisation to build in itself! The planning certificate is generally used when selling a property. Our planning law firm can help you obtain a planning certificate by presenting a complete file.
An architect is not required for buildings with a surface area of less than 170 m2. However, if you want to obtain planning permission in accordance with the rules of the art, as well as the necessary authorisations, his or her expertise is advisable.
Disputes surrounding planning permission
All applications for planning permission are accepted or refused within 2 months. If planning permission is granted, an order is issued. The planning permission is then posted outside the property.
Has your neighbour not displayed his planning permission? The Planning Code requires that planning permission be displayed from the time of notification until the end of the building work. The minimum information required, the size and the location of the notice must be respected. In addition, it is the responsibility of the town hall to display all building permits in public.
What should you do? Call in a lawyer specialising in construction law to have a bailiff’s report drawn up. This will provide irrefutable proof that the building permit has not been posted.
Failure to display the permit, or any irregularity in displaying it, can result in penalties: a fine of up to €1,500, or even suspension of the building permit for up to a year. Above all, failure to display the notice prevents the time limit for appealing against the planning permission from running. This means that any third party with an interest in the case can take legal action to have the building permit cancelled. This action can be brought before the administrative court up to 5 years after the installation. If planning regulations were breached when the property was built, demolition may even be sought through the courts.
Do you own the land and have planning permission? If you have reason to believe that your neighbours are against your project, you can also secure your project by having a bailiff check that the planning permission has been properly displayed for the required 2 months, and that all the compulsory information has been included. This is the best way of preventing an action for annulment of the planning permission.
Planning permission disputes in Paris
Litigation over planning permission in Paris requires, first and foremost, a thorough knowledge of the planning regulations in force. A new bioclimatic PLU is due to be introduced in 2024. It was presented in November 2021 with a simple premise: Paris is not an expandable city. So we need to respond to the climate challenges and invent the city of tomorrow without destroying everything. Building permits in Paris will be conditional on a supply that respects social diversity, the development of green spaces and islands of coolness to deal with global warming.
There will be severe constraints on obtaining a new building permit in Paris. Applicants will have to complete a construction project assessment grid drawn up by the City of Paris. This will make it possible to assess the virtuous circle of the building project, not only for the building itself but also for the entire plot of land. For example, the owner could commit to financing part of another project, such as the energy renovation of a building.
Between now and 2024, the new bioclimatic PLU is likely to attract a large number of appeals and legal challenges. This is a matter to keep an eye on for all property owners and future property owners in Paris.
Challenging a building permit in Paris
Has a neighbour been granted planning permission and you feel that this is causing you harm? In Paris, there are 2 ways of disputing a building permit:
- by lodging aninformal appeal with the mayor of Paris within 2 months of the building permit being posted on the property.
- appeal to the Paris Administrative Courtto overturn the planning permission. If the informal appeal is unsuccessful, or if there is no response within 2 months, you can take the matter to an administrative court. This appeal may be brought by any lawyer and must be supported by legal and factual arguments. You must have an interest in the case.
The interested party, the beneficiary of the planning permission, and the Mayor of Paris will be notified of the appeal. A written procedure is followed, with exchanges between the parties, at the end of which the administrative judge makes his decision. Is the developer complying with Paris’s planning and building regulations? Building permit disputes in Paris are particularly complex because of the specific protection afforded to buildings and the rules of Paris City Hall.
How can I get my planning permission cancelled?
Appeals against planning permission leave the administrative judge a margin of discretion. Article L 600-5 of the Code de l’urbanisme provides that the judge may limit the scope of the annulment and set a deadline for the holder of the planning permission to put it right. This will be the case when a defect affects part of the building project.
In this case, the owner can take immediate action and submit a corrective building permit for the point at issue. Once the administrative court has given its ruling, the owner will then have full legal authorisation.
It is essential to consult a lawyer specialising in town planning law in order to assess whether a building permit is flawed and whether the defects are detachable or can be rectified.
The Duflot Ordinance of 18 July 2013 changed planning litigation. The Act of 23 November 2018 on the evolution of housing, development and the digital economy supplemented these provisions. The aim is to speed up the issue of building permits and limit appeals to those with a genuine interest in taking action. As a result, from now on, the holder of the planning permission can seek an order for damages. Only environmental protection associations benefit from a special protective status in this respect.
According toarticle L 600-1-2 of the French Town Planning Code, anyone whose construction is likely to directly affect the conditions of occupation, use or enjoyment of property that he or she legally owns or occupies has an interest in bringing an action against a building permit. The Conseil d’Etat has ruled that any immediate neighbour of a building is in principle entitled to bring an action against planning permission.
The decree of 17 July 2018 reduced the time limit for taking action and the reasons for the applicant. The idea is to secure a construction project once it has begun. The assistance of a property lawyer is therefore an absolute necessity as soon as the building permit is posted. He will analyse the situation and establish precisely the chances of success of an appeal or the risks involved.
How do I obtain a suspension of planning permission?
Appeals against planning permission are proceedings on the merits and have no suspensive effect. As a result, there is nothing to prevent the holder of the planning permission from starting construction work during the proceedings. He must then be sure that he is in the right and that the appeal will fail. It is a question of analysing the risks involved, depending on the requirements relating to property loans and commitments to third parties or financial partners.
It may then be in the applicant’s interest to apply to the interim relief judge for suspension of the planning permission. If there is serious doubt as to the outcome of the case, the interim relief judge will require the owner to wait for the administrative judge’s decision before starting the building work. Article L 521-1 of the Code of Administrative Justicestipulates that “when the suspension is pronounced, a decision is taken on the application for annulment or reversal of the decision as soon as possible. The suspension ends at the latest when a decision is made on the application for annulment or reversal of the decision“. The applicant must provide proof of urgency. This can be done, for example, by showing that the worksite has been set up and that work is about to start.
In practice, in many situations, challenging the planning permission on the merits means that the mortgage loan cannot be obtained. The suspensive clause relating to the granting of planning permission that has been cleared of all appeals can then play its part in preventing the sale of the property. As a result, the signing of the deed of sale is delayed.
Other disputes relating to construction and town planning
You buy a plot of land with planning permission, and when the next local town planning scheme (PLU) is approved, you lose the right to build! Every landowner should keep a close eye on changes to the town planning rules in their locality.
Any private individual can contest the adoption of a new local town planning scheme within 2 months of it being approved. To do this, a lawyer specialising in property law will help you to identify any loopholes or irregularities. This technical and legal aspect requires the assistance of a town planning expert.
Once again, there are two ways of challenging the adoption of a PLU:
- an informal appeal to the mayor ;
- appealing to the administrative court on grounds of ultra vires. To convince the administrative judge, a detailed and complete dossier is required. This is put together by law firms specialising in town planning.
The PLU replaced the land-use plan (POS) following the adoption of the SRU (solidarity and urban renewal) law on 13 December 2000. The PLU is made up of several complex documents:
- a presentation report setting out the diagnosis of the area (climate, natural heritage, historical heritage, etc.), the state of the environment (fauna and flora, quality of the air, water and soil, etc.) and the broad guidelines.
- the Sustainable Planning and Development Plan (PADD). This sets out all the municipality’s plans and objectives in terms of the environment, town planning and economic and social development.
- Development and programming guidelines (OAP). These set out the rules for daily life in each municipality in terms of housing and transport.
Not all communes have highly developed town planning departments or PLUs. Where they do not, the national town planning regulations (RNU) impose rules on construction, health and safety.
- La taxe d'aménagement, calculée sur la surface de plancher créée, est due à la commune et au département. Son taux varie selon les communes (entre 1 % et 5 % en général). À Paris, le Conseil de Paris peut voter un taux majoré jusqu'à 20 % dans des secteurs spécifiques délimités par délibération.
- La redevance d'archéologie préventive (RAP) est due à l'État pour financer les diagnostics archéologiques. Ces taxes sont exigibles à l'achèvement des travaux. Votre avocat peut vous aider à anticiper ces coûts dès la phase de faisabilité du projet.
- Les voisins immédiats : propriétaires ou locataires dont les conditions de jouissance sont directement affectées ;
- Les personnes morales : sociétés, bailleurs sociaux, syndicats de copropriétaires concernés par le projet ;
- Les associations : si leurs statuts ont été déposés en préfecture au moins un an avant l'affichage en mairie ;
- Le préfet : via le déféré préfectoral, dans les 2 mois suivant la notification ;
- La mairie : par retrait du permis illégal, dans les 3 mois suivant sa délivrance.
