Is your neighbour undertaking work that will have a direct impact on the conditions under which you occupy and enjoy your property? Would you like to object to his plans?
You have two options. Firstly, you can challenge the planning permission, with the aim of obtaining the cancellation of the planning permission and, if necessary, the suspension of the works. Secondly, you can take legal action to obtain compensation for the damage caused to you by the building work.
The lawyers at Cabinet Goldwin will explain how to do this and support you throughout these procedures.
Challenging planning permission
Time limit for taking action
It is essential that you are within the time limit for taking legal action.
Make sure your neighbour’s planning permission is posted.
There are two possible scenarios:
- If the permit is displayed, you have two months from the date it is displayed to contest it.
- The permit is not displayed: you have up to 6 months after completion of the work to contest it.
You must then contact the town hall to request the file containing the building permit application and the order authorising the construction.
Once you have the order, you can submit an informal appeal to the mayor of your local authority, requesting that the planning decision be withdrawn.
Making an appeal
What is an informal appeal?
This is an amicable application to the mayor of your local authority requesting that the planning decision authorising the disputed building be overturned. This appeal interrupts the two-month period mentioned above.
How do I prepare an informal appeal?
Cabinet Goldwin will draft and send the appeal by registered post with acknowledgement of receipt to the mayor of your municipality.
In order to be effective, this appeal must present the legal and factual elements justifying the request for annulment. The petitioner must also be notified of the appeal.
From the date of receipt of our appeal, the mayor has two months in which to respond and decide whether to grant our request. If the mayor grants our request, your neighbour’s planning permission will be withdrawn.
However, if there is no response within two months, your application will be implicitly rejected.
From the date of rejection of your appeal, you must act quickly.
You have a further two months in which to take your case to the relevant administrative court.
Litigation before the Administrative Court
If your informal appeal has been rejected, you are entitled to lodge an appeal on grounds of ultra vires before the administrative court with territorial jurisdiction.
What is an appeal for misuse of powers?
An appeal on grounds of ultra vires is a contentious appeal to the administrative court to have an administrative decision annulled on the grounds that it is illegal.
How do you send your appeal for misuse of powers?
An appeal on grounds of ultra vires takes the form of an application lodged with the competent court.
Given the legal complexities involved, it is a good idea to be represented by a lawyer, who will draft and send your appeal.
The application must be accompanied by evidence of your interest in taking action, the conditions under which your property is occupied and enjoyed, and the planning permission order in question.
You must then notify your appeal to the local council and your neighbour within 15 days of sending it.
You’ll need to be patient, as proceedings before the Administrative Court take an average of 12 to 18 months.
If you find that the disputed construction in progress is causing you particularly significant damage and that the completion of the construction is irreversible, it will be difficult to compensate you for the damage at a later date? You can start an emergency procedure at the same time as your contentious appeal.
Suspension proceedings
What is summary suspension?
The summary suspension is an emergency procedure that allows the administrative judge to suspend an administrative decision, even a rejection, or some of its effects, in urgent cases, if the applicant puts forward a plea that creates serious doubt as to the legality of the decision.(article L. 521-1, R.522-1 of the Code of Administrative Justice[1])
The time limit for bringing an action
An application for interim relief must be preceded by an application on the merits. This must be filed as soon as possible, as the administrative judge has a very strict appraisal of the condition of urgency.
If the applicant fails to justify the urgency of his request, his appeal will be rejected.
For the summary suspension to be accepted by the judge :
- An application on the merits must first be lodged
- Urgency must be demonstrated: in the case of planning permission, this may involve the irreversible nature of the work.
- The contested decision must be clearly unlawful.
The interim relief judge’s decision is handed down fairly quickly, in between a few days and two weeks.
This decision is provisional and allows the works to be suspended pending a decision on the merits.
Would you like to be compensated for the damage you have suffered? Have you contested the planning decision but the planning permission has not been cancelled? Have you exceeded the time limit for appealing and your action to have the planning permission cancelled is time-barred? You can still take action!
The procedure for compensation for damages suffered
You can bring an action before the competent legal tribunal for abnormal neighbourhood disturbance that is the cause of the loss of enjoyment of your property.
Examples of abnormal neighbourhood disturbances:
- loss of sunlight
- Loss of privacy
- Loss of view
Don’t waste any time! The time limit for taking action is 5 years from the date on which the problem arose. You should therefore act quickly.
To be entitled to compensation, you need to prove :
- An abnormal disturbance
- The existence of a prejudice
- A direct link between the two
The losses must be accurately assessed by a professional, in particular the loss of the property’s market value.
The lawyers at Cabinet Goldwin will support you at every stage of the various procedures.
They will demonstrate their professionalism and recognised expertise, whether you are challenging a planning permission or seeking compensation for your losses.
When you choose Cabinet Goldwin, you can be sure of having responsive lawyers who can provide answers to your problems, as well as lawyers who are available to listen to you throughout the procedure.
What can I do if my neighbour’s new building disturbs me?
