Key points
- Issue: a local authority had installed ball-stop nets in front of the homes of two local residents, near a listed building, without prior notification.
- Decision: the court ruled that the installation was unauthorised, with no plans for regularisation and no demonstrated purpose, as other nets were already protecting the stadium.
- Outcome: Demolition within four months, unless the works are regularised, and €1,500 in costs to be borne by the local authority; the claim for compensation was dismissed.
Ball-stop nets in front of their homes: the local council must remove them within four months.
On 6 March 2025 (case no. 2203595), the Orléans Administrative Court ordered a local authority to remove ball-stop nets within four months, at the request of two local residents represented by Goldwin Avocats. The judgement sets out how to secure the removal of a public structure – that is, a development in the public interest – erected without planning permission.
Ball-stop nets installed without permission in front of a house
A local authority had metal posts fitted, topped with ball-stop nets, in front of the fences of two residents, opposite the municipal football pitch. These nets, several metres high, were intended to protect neighbouring houses from flying footballs.
The owners first submitted a prior written request to the local authority – that is, a complaint addressed to the administration before taking any legal action – on 13 June 2022. They demanded the removal of the structure and approximately €70,000 in compensation.
In the absence of a response, they brought the case before the Orléans Administrative Court on 12 October 2022, represented by Goldwin Avocats. The local authority did not submit a defence, despite a formal notice from the court.
Securing the demolition of a public structure: the judge’s three questions
The court ruled in favour of the local residents, ordering the demolition of a public structure: the local authority must remove the posts and nets within four months, unless the situation is regularised. The administrative judge rules on the matter himself, based on the situation as it stood on the day of the judgment.
He answered the three questions in favour of the local residents:
| Question | The court’s response |
|---|---|
| Is the structure unauthorised? | Yes, no prior declaration is required |
| Is regularisation being considered? | No, the local authority has taken no action |
| Would demolition be contrary to the public interest? | No, other safety nets already protect the stadium |
In the vicinity of a listed building,Article R. 421-12 of the Town and Country Planning Code requires a prior declaration for any fencing, a less onerous formality than a planning permission application. Compensation based on strict liability, which does not require proof of fault, was, however, rejected.
Residents living near a disruptive public facility: what the ruling changes
A local resident inconvenienced by a public structure erected unlawfully may apply to the administrative court for its demolition. The administration’s failure to respond does not prevent the action from proceeding.
The procedure followed here comprises four steps:
- Submit a written request for demolition to the authorities.
- Check, with a solicitor specialising in planning permission, whether the structure required authorisation.
- Gather evidence of the nuisance: view, height, existing facilities.
- Bring the matter before the administrative court if no response is received.
The basis for compensation is as follows: the court has left open the possibility of a subsequent claim for negligence. Each situation is assessed on a case-by-case basis.
Is a public structure causing you a nuisance, or does it appear to have been erected without authorisation? Contact one of our lawyers specialising in town planning to review your case.
Related areas of expertise
Public law › Town planning solicitor in Paris
Frequently asked questions about the demolition of a public structure
Yes, if the structure has been erected unlawfully and its demolition would not unduly prejudice the public interest. You must first submit a written application to the local council. If no response is received or if the application is refused, the administrative court may order the demolition, as the Orléans Administrative Court did on 6 March 2025.
Not always: Article R. 421-2 of the Town and Country Planning Code exempts most fences from formalities. However, Article R. 421-12 requires prior notification in certain protected areas, particularly in the vicinity of historic monuments. This was the case here, and the local authority did not issue a ‘no objection’ decision. The court verified this using public data from the Géoportail de l’urbanisme.
Not on the grounds put forward here: the court rejected the claim for no-fault compensation, which was deemed to be a secondary claim once the demolition had been ordered. It stated that local residents could bring a claim for fault-based liability at a later date. If the local authority brings the structure into compliance, a claim for no-fault liability becomes possible again. The €1,500 awarded covers only the costs of the proceedings.
Olivia ZAHEDI
